Preguntas frecuentes
K-1 Visas (90-day fiancé)
You might have become familiar with K-1 visas through the popular program 90 Day Fiancé or maybe because you know someone who has been through the process after meeting their significant other abroad. Either way, the K-1 visa is a non-immigrant visa that allows your foreign fiancé (if you are a United States citizen) to enter the United States with the limited purpose of marrying you within 90 days of entry. After obtaining the visa at a U.S. consulate, being admitted into the United States by Customs and Border Protection, and marrying in the United States, your new spouse should then apply for adjustment of status via Form I-485, Application to Register Permanent Residence or Adjust Status.
Sounds simple, but the process can easily unravel if you make any missteps potentially delaying your plans for years. For instance, do you know whether your spouse-to-be has been in the United States previously, applied for a diversity visa, or has a criminal record? While your significant other may tell you that their record is unblemished, reality often tells a different story once their record is obtained through Freedom of Information requests. One of the benefits of retaining a lawyer is that you can gain independent information on your-spouse-to-be before you are stuck in a marriage you did not envision.
What is a fiancé(e)?
A foreign-citizen fiancé(e) of a U.S. citizen is the beneficiary of an approved Petition for Alien Fiancé(e), Form I-129F, who has then been issued a nonimmigrant K-1 visa by a U.S. consulate for travel to the United States in order to marry their U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been free to marry at the time the U.S. citizen filed the Form I-129F petition and both parties must remain so. The contemplated marriage must be legally possible according to the laws of the state or territory where the marriage will take place. Generally, the alien fiancé(e) and the United States citizen sponsor must have met in person within the past two years. There are exceptions to that requirement based on extreme hardship to the United States citizen sponsor to personally meet the alien fiancé(e). For instance, an exception may be allowed if it is contrary to the United States citizen's or alien's culture for the parties to meet before marriage.
International Marriage Broker Regulation Act (IMBRA)
Under IMBRA, United States citizens are required to disclose information about any permanent protection or restraining orders (civil or criminal) related to any specified crime (i.e., domestic violence, sexual assault, child abuse, child neglect, dating violence, elder abuse, stalking, homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or at least three convictions for crimes relating to controlled substances or alcohol not arising from a single act. Note that your foreign-born significant other will have access to your petition including all information relating to your criminal history.
Declaration of Financial Support, Form I-134
As part of the process of obtaining the K-1 visa, the foreign national will have to a submit a Declaration of Financial Support from the United States citizen. In addition to the Form I-134, supplemental evidence must demonstrate that the foreign national is not likely to become a public charge in the United States. The foreign national can submit evidence that they can support themselves and/or the United States citizen can submit evidence of being able to financially support the foreign national. Here, the sponsor's income must be at 100 percent of the federal poverty guideline.
Affidavit of Support, Form I-864
Once the foreign national has made it to the United States and married the United States citizen, then the Form I-485, Application to Register Permanent Residence or Adjust Status should be filed. As part of that application, the United States citizen will need to submit Form I-864, Affidavit of Support. The Form, along with accompanying attachments, must show that the United States citizen can sponsor the foreign national with the minimum income requirement being 125 percent of the federal poverty guideline.
Conclusion
Navigating the K-1 process is complex and it is easy to make critical errors along the way. Contact us to make your path to marriage to your loved one, and complimentary lawful status in the United States, a reality.