In June 2020, the Trump administration restricted new work visas through the remainder of 2020. Under US immigration law, K-1 fiancé visas are non-immigrant visas. K-1 fiancé visas are considered non-immigrant visas because the foreign fiancé is seeking temporary entry to the United States for the limited purpose of marrying the U.S. Citizen spouse. After a foreign national marries a U.S. Citizen spouse then he or she is allowed to apply for adjustment of status by filing Form I-485 to adjust status to a legal permanent resident. The presidential proclamation suspends the admission of foreigners with certain non-immigrant visas that are outside the United States. However, there are no K-1 visa restrictions in the new proclamation.
The K-1 visa program allows United States citizens to sponsor their fiancé(e)s for legal entry into the United States. However, these people must marry within 90 days of entry into the United States. After this, the immigrant could then apply for a green card to obtain legal permanent resident status. Already married people may ask for a similar K-3 visa.
Qualifications for a K-1 Visa
To qualify for a K-visa, immigrants must meet special criteria and take specific actions once in the United States:
1. No one can apply for a K-1 visa on his or her own. Only a United States citizen who is currently engaged to a non-citizen may initiate the fiancé visa application process.
2. The immigrant and the sponsoring citizen fiancé(e) must get married no more than 90 days after the immigrant’s entry into the United States. Couples who are already married, who plan to marry outside the United States, or for situations where the fiancé(e) already legally lives in the United States cannot pursue a K-1 visa.
3. The two people must have met each other in person at least once over the past two years and be legally free to marry.
An experienced K-1 visa lawyer can help to determine a couple’s eligibility for the K-visa program, and the steps to take. Mario Godoy and the other immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Reach out today to get started on your case.