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The immigration laws of the United States permit the immigration of certain "immediate relatives" to the United States. Since these petitions are filed on the basis of family relationships, they are referred to as "family-based" petitions. There are four different categories with different waiting times for each category. The Department of State publishes these processing times, known as priority dates, every month.
The family-based preference categories are as follows:
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| K Fiancé Visa: The purpose of the K fiancé visa is to enable a U.S. citizen to bring his/her foreign fiancée or fiancé into the United States for the purpose of marrying them. The minor children of the fiancé are also eligible to come to the United States in K status. The requirements for the K fiancé visa are as follows:
(1) Aliens who seek to enter as fiancé/es are required to have met in person with the U.S. citizen within two years of the filing of the fiancé/e visa petition;
(2) The parties also must have a "bona fide intention to marry" and be willing to marry within 90 days of the alien's entry on a fiancé/e ("K") visa.
Fiancé/es who are admitted and marry within the 90 day period can adjust status within the U.S. The foreign spouse will be granted conditional resident status and will be eligible for the removal of the conditional resident status within two years.
The processing of the fiancé visa is very much like the processing of the permanent residency for a foreign spouse who is abroad. The U.S. citizen fiancé or fiancée must apply with the INS in the United States. Thereafter, the foreign fiancé or fiancée will be scheduled for an interview at the nearest U.S. consulate.
Please note that a K fiancé or fiancée who enters the United States is not eligible for a change of status to any other type of visa. Moreover, the fiancé or fiancée will not be allowed to adjust status in the United States if he/she marries a U.S. citizen other than the one who petitioned for them. That is, if U.S. citizen A petitions for foreign fiancé X, X cannot marry U.S. citizen B and adjust status. X may marry B, but X will have to go back home to his/her country of residence to await the processing of the permanent residency. | | |
