K-1 visa - Fiancee

The K-1 Visa, known as the Fiancée Visa, is used by United States citizens who wish to bring their prospective husbands or wives to the United States to conclude a valid marriage within ninety-(90) days of entry. Minor children (under 21) of fiancées can also accompany them (K-2). In order to petition for a fiancée the US citizen must have personally met the fiancée within two years of the filing of the petition, unless waived by US immigration. The petition is filed with US immigration, which must approve the petition, which is then forwarded to the US consul where the fiancée will apply for his or her K-1 visa. The fiancée must marry the US citizen within ninety-(90) days of entry to the US, and then he or she must file an application for adjustment of status to become a permanent resident. 

Once the K-1 and K-2 visa holders are here and the K-1 holder has married the U.S. citizen petitioner, the K-1 can adjust status here along with the K-2 child. They do not have to file an I-130. It does not matter that the marriage took place after the child was 18. As long as the child is under 21, he or she can get their green card in the United States.

 

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