The K-1 Fiancée visa allows a U.S. citizen considering marriage to a foreign person to invite his fiancée to America for a period of 90 days, during which the marriage must take place. If the marriage does not take place within 90 days or the fiancée marries someone other than the U.S. citizen who originally filed the fiancée visa petition, the alien fiancée will be required to leave the United States. The fiancée may enter the United States only one time with a fiancée visa. A fiancée visa is a temporary visa, but one that can be readily converted to a permanent visa once marriage occurs in the US.
The minor children of a K-1 principal beneficiary may be accorded K-2 status if accompanying or following to join.
On June 15, 2006, USCIS published a revised form of the Alien Fiance(e) Petition (Form I-129F) which complies with the requirements of the International Marriage Brokers Regulation Act of 2005 (IMBRA). Under IMBRA, all cases filed after March 6th are required to comply with the new law.
According to USCIS,
The Violence Against Women Act (VAWA) and Department of Justice Reauthorization Act of 2005, of which IMBRA is a part, are designed to continue Congress’s efforts to prevent domestic violence and spousal abuse. Immigrants who have been victims of domestic violence have long benefited from VAWA immigration provisions, which allow abused spouses and children to self-petition for lawful immigration status. Under IMBRA, Congress has further extended those protections by regulating more closely the international marriage broker market and by requiring disclosure of violent criminal history, such as domestic abuse, rape, or murder, of which a fiancée may be unaware.
Specifically, the following
new requirements have been added:
- If the US citizen petitioner met his fiancée or spouse through the services of an international marriage broker, he must notify USCIS of that fact.
- If the US citizen petitioner has filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, he must apply for a waiver.
- If the US citizen petitioner has ever been convicted of any of a variety of crimes, certified copies of all court and police reports must be submitted showing the charges and dispositions. If the petition is approved, this information will be provided to the fiancée or spouse beneficiary.
In compliance with IMBRA, USCIS will maintain a database to track repeated petitions for K visas.
