Fiancees and Fiances of Citizens Spouses

This nonimmigrant classification is prescribed for analien fiancee or fiance who seeks to enter in order to marryan American citizen after entry (K-l), and the minor
children of such fiancee or fiance accompanying or following to join him (K-2).

Prerequisite to the issuance of anonimmigrant, visa under this section is the approval of avisa petition submitted by the United States citizen, which can be approved by the Attorney General only if the petitioner presents satisfactory evidence that the parties havea bona fide intention to marry and are legally able and willing to conclude a valid marriage in the United States withinninety days after the alien’s arrival.

Moreover, the regulations direct that failure ofpetitioner to establish thathe has personally met thebeneficiary prior to filing the petition will be givenconsiderable weight in determiningwhether a bona fide marriage is intended.

Upon receipt from the Immigration and Naturalization Service of an approved visa petition, and upon submissionby the alien of a sworn statement of ability and intent to
conclude a valid marriage with the petitioner within ninetydays after arrival in the United States, the consul considersthe alien’s eligibility for a nonimmigrant visa under this section. Since the purpose is ultimately to achieve permanent residence, the consul treats the application as if it were one for an immigrant visa.

A nonimmigrant entering under this section is admitted for a period of ninety days. If the marriage takes place within three months after entry, the aliens admitted under this section will, if otherwise admissible, be granted lawful permanent residence in the United States.

If a valid marriage between the principal alien and the petitioner does not occur within three months after entry, the aliens are required to depart from the United States, and upon failure to do so are subject to deportation. Aliens admitted as nonimmigrants under this section are not eligible for change to any other nonimmigrant classification.

And they cannot apply for extension of their temporary stay.However, such aliens are not precluded from accepting employment.Nor are they precluded from applying for adjustment of status or any other appropriate remedy to achieve lawful residence status, if the marriage does not take place.

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez