Fiancée Visas
Procedure:
- Requires petition approval by INS. INS may waive in person requirement, where extreme hardship or long established custom.
- USC must file I-129F petition with INS, not at consulate.
- Must be filed where petitioner is residing.
- Must provide proof that:
Petition valid for 4 months. Can be revalidated for 4 month periods. No extensions of stay.
Petition automatically terminated where petitioner dies or withdraws petition.
Approved petition goes to consul. Consul must determine that alien would be eligible to receive immigrant visa before approving K.
Can obtain K petition approval even if fiance in deportation proceeding where s/he has been granted voluntary departure.
Visa not issued if:
- If marriage would not be legal.
- Where beneficiary is inadmissible under INA § 212(a).
- [i] Can obtain a waiver. But only granted where, if married, the exclusion ground is waivable under INA § 212(g), (h), (i), or where I-212 would be approved for waiver of INA § 212(a)(9)(A)(i).
- Work Authorization. K-1 and K-2 are authorized to work.
Procedure for adjustment of status/residency:
- Adjustment procedure under INA § 214(d) eliminated under Immigration Marriage Fraud Amendments Act.
- Now must obtain conditional resident status for two years and obtain LPR status through lifting conditions.
- With K visa cannot change status, or adjust status based on grounds other than marriage to person who filed K petition.