K1 VISA INELIGIBILITY, VISA WAIVER
Applicants who (1) have committed serious criminal acts; (2) are likely to become a public charge; (3) have used illegal means to enter the United States; (4) have a communicable disease or a dangerous mental disorder; (5) are drug addicts; or (6) are subject to the J1 two-year foreign residency requirement, do not qualify for a K1 visa, unless a waiver of inadmissibility is granted. The waiver must be approved by the USCIS before the consular officer will issue a K1 visa.
APPLYING FOR A K1 FIANCE / FIANCEE VISA
Upon approval of the K1 petition by the USCIS, the applicant may apply for a K1 visa stamp at the American consular office. A fiancee visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. Both the American citizen petitioner and alien beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the USCIS waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancee. If found eligible, a visa will be issued, valid for one entry during a period of six months.
AFTER ENTRY INTO THE U.S.
The alien fiancee must apply for work authorization with the USCIS in order to accept employment in the United States. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the USCIS for permanent residency. The applicant is initially granted conditional resident status. After two years, applicant may apply to the USCIS for removal of the conditional status.
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