Posted on June 04th, 2003 06:49 PM by admin

By />www.calvisa.com

The Fiance Visa is known as the "K" visa. Only a U.S. Citizen (USC) can petition for an alien fiance. A lawful permanent resident (LPR) cannot petition to bring in an alien fiance.
If a USC marries an alien overseas, then the alien is a spouse and will consular process and come to the U.S. with an immigrant visa/green card. However, if the USC wants to have the wedding in the States, or the USC is unable to travel overseas to have the wedding, then the only way to bring the fiance to the U.S. is on a fiance visa (K-1). The alien fiance will be given a fiance visa to come to the States. The fiance must marry the USC Petitioner within 90 days of arriving in the U.S or return home. After the wedding in the U.S., the Petitioner can file for adjustment of status/green card for the new spouse with the local INS office. If the alien does not marry the Petitioner, the alien cannot change status to any other visa. Nor can she marry another person in the States and get a green card. The fiance visa is for the alien to come in to the States to marry that Petitioner and nobody else. The alien must return to their home country if they do not marry the USC Petitioner.

The INS and State Department will not approve a K fiance visa if the parties have not met before. In addition, they will want to see the bona fides of the relationship: copies of love letters, e-mails, telephone bills showing calls between the parties, affidavits, photos etc.