Immigration

Fiancees and Fiances of Citizens Spouses

This nonimmigrant classification is prescribed for an
alien fiancee or fiance who seeks to enter in order to marry
an American citizen after entry (K-l), and the minor
children of such fiancee or fiance accompanying or follow
ing to join him (K-2).

Prerequisite to the issuance of a
nonimmigrant, visa under this section is the approval of a
visa petition submitted by the United States citizen, which
can be approved by the Attorney General only if the peti
tioner presents satisfactory evidence that the parties have
a bona fide intention to marry and are legally able and will
ing to conclude a valid marriage in the United States within
ninety days after the alien’s arrival.

Moreover, the regulations direct that failure of
petitioner to establish thathe has personally met the
beneficiary prior to filing the petition will be given
considerable weight in determining
whether a bona fide marriage is intended.

Upon receipt from the Immigration and Naturalization
Service of an approved visa petition, and upon submission
by the alien of a sworn statement of ability and intent to
conclude a valid marriage with the petitioner within ninety
days after arrival in the United States, the consul considers
the alien’s eligibility for a nonimmigrant visa under this
section. Since the purpose is ultimately to achieve perma
nent residence, the consul treats the application as if it were
one for an immigrant visa.

A nonimmigrant entering under this section is admitted
for a period of ninety days. If the marriage takes place
within three months after entry, the aliens admitted under
this section will, if otherwise admissible, be granted lawful
permanent residence in the United States.

If a valid marriage between the principal alien and the petitioner does
not occur within three months after entry, the aliens are
required to depart from the United States, and upon fail
ure to do so are subject to deportation. Aliens admitted as
nonimmigrants under this section are not eligible for change
to any other nonimmigrant classification.

And they cannot apply for extension of their temporary stay.
However, such aliens are not precluded from accepting employment.
Nor are they precluded from applying for adjustment of
status or any other appropriate remedy to achieve lawful
residence status, if the marriage does not take place.

Francisco Hernandez

Author Francisco Hernandez

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