Asian Journal- The Filipino-American Community Newspaper

In previous editions of this article, the process of obtaining permanent residence through marriage was explored.  Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence.  In many cases, however, a problem exists in even getting to the point at which a couple is married.  Often, a foreign national is in his/her home country and, for one reason or another, the U.S. citizen cannot travel to that country to marry him/her.  A solution in such a scenario can be found with the K-1 Fiance(e) Visa.

A K-1 visa allows a foreign national to come to the United States to marry a United States citizen.  The K-1 visa is valid for ninety (90) days after entry to the United States, during which time the marriage must take place.  Once the foreign national is issued a   K-1 visa, any of his/her unmarried children under the age of 21 may be issued K-1 visas.  Upon arrival in the United States, the foreign national may immediately apply for permission to work.  A two-step process is involved to obtain a K-1 visa.

First, the United States citizen (the petitioner) must file Petition for Alien Fiance(e) (Form I-129F) along with supporting documents with the USCIS.  Through the filed petition and documents, the petitioner must demonstrate three things.  To begin, it must be shown that the foreign national has a bona fide intent to marry within ninety (90) days after arrival.  This is often accomplished by producing evidence that a marriage is going to take place—i.e. wedding announcements, catering contracts, etc.  In addition, it must be shown that both parties are unmarried and of legal age.  Birth certificates, and if one has been previously married, evidence that the prior marriage has been legally terminated are usually satisfactory to accomplish this.  Finally, evidence must be provided to show that the parties have physically met each other within the past two (2) years.  The petitioner may submit photos of the couple, plane tickets, hotel receipts, etc. as proof that the couple has met.  Exceptions to this third requirement apply in certain circumstances that cannot be explored here due to space limitations of this article.  The USCIS may also schedule an interview of the petitioner wherein inquiry will be made on the foregoing issues.  Once approved, notice is sent to the petitioner and the file is forwarded to the appropriate consulate abroad.

Second, after the petition is approved, the foreign national can apply for a K-1 visa in his/ her home country.  An interview is scheduled where the foreign national must provide certain documents for issuance of the visa.  An affidavit of support from the petitioner, proving that the foreign national will not be relying on public assistance upon arrival, in addition to originals of documents mentioned hereinabove, must be presented.  Other documents may also be requested by a particular consulate.  If all requirements are met, visa issuance will follow.  After arrival in the United States and marriage, the foreign national may thereafter begin the process to obtain permanent residence. 

 

Darrick Tan is an attorney with the Law Offices of Kenneth U. Reyes, P.C.  He is a Board of Governor of the Philippine American Bar Association.  He is a graduate of Southwestern University School of Law and UCLA.  He has been admitted to practice in California and Nevada.  For questions or comments, please contact Atty. Tan by telephone at (213) 388-1611 or by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
LAW OFFICES OF KENNETH U. REYES, P.C. is located at 3699 Wilshire Boulevard, Suite 700, Los Angeles, California 90010.  

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