Applying for a USA K-1 visa for fiance immigration to America allows an American citizen to bring a foreign fiancee to the United States for the specific purpose of getting married.
Beyond the marriage, an applicant will be able to pursue a Permanent Resident Card for lawful permanent residence in the US or as it is usually referred to, a USA Green Card, in order to live and work in the USA permanently. The US fiance visa is a very specific American immigration service designed solely for those intending to migrate to the USA in order to get married. For more information on the USA K-3 visa or US spouse visa, aimed at those wishing to bring a person to whom they are already married to join them, please see the relevant section of the website.
US immigration services are numerous and varied with a broad range of different categories of visas for the US intended for specific groups of economic migrants and immigrants joining family members. There are over 60 different USA visa services for those wishing to visit or live and work in the USA for a pre-arranged period. Besides these non-immigrant US visas, a number of different categories for permanent residency in the USA exist through which USA green cards can be obtained. The United States visa services make up one of the most complicated immigration structures to navigate for those wishing to migrate to the USA.
In America, immigration through the USA Fiancee visa is intended as a step towards lawful permanent resident status and as such, it will lead to the benefits of an American Green Card for a successful applicant, if the necessary requirements are fulfilled. A candidate embarking on this route will be able to seek permission to undertake employment and commence living and working in the USA without the time restrictions that a non-immigrant route would impose. In addition, as a family immigration route, no pre-arranged offer of employment is required for people immigrating to the USA in this class. Employment based US Green Cards such as the EB-3 and EB-4 visa require a pre-arranged job offer as do the non-immigrant H1-B visa and L1 visa which function like a UK work permit. The only exceptions in employment based American Green Cards are the EB-1, and in some circumstances the EB-2 visa, where much like the Highly Skilled Migrant Program or HSMP in the UK applicants may immigrate to the US based upon skills and experience. Family visa routes are based entirely upon connections with a US citizen, and as such, no offer of employment is required.
In America, visas for fiancés are aimed exclusively at those intending to marry in the USA and as a result, applicants must fulfil this requirement, otherwise the right to remain in the United States will be withdrawn. Parties must get married to each other within 90 days of the arrival of the applicant in the country; no extension can be obtained for this American visa class. If a marriage does not occur, the applicant will have to leave the US and may not be granted an ther fiancée visa.
In order to qualify for this USA visa class, parties must fulfil the following requirements:
Both parties must be free to marry.
Parties must have met in person at least once during the last two years.
(This must be demonstrated through documentation, which may include photographs or airline tickets, as well as any other documentation, which can prove the requirement. If meeting before the marriage would go against a traditional custom in the applicant’s country, this may be waived).
Working in the United States
A USA fiancé visa in itself does not offer a grant of permission to work in America, visa applications of this kind are designed solely for those intending to marry in the imminent future. However, once a marriage has taken place, an applicant can apply for both an Adjustment of Status (AOS) in order to become a permanent resident and an Employment Authorization Document (EAD), which will permit them to seek and undertake employment. An application for Employment Authorization can be submitted upon arrival, before the marriage has taken place, however, it may not be processed within the 90-day period in which a marriage must occur. Since a new Employment Authorization must be sought once an applicant applies for adjustment of status, in practice, it is more effective to wait until after parties are married.
As a route to permanent immigration, fiancée visas also make provision for dependent immigration and unmarried children under 21 may accompany an applicant immigrating to the USA, as long as they are included on the application form.