The K-1 visa, commonly referred to as a fiancé visa, is a type of non-immigrant visa that grants permission to a foreign-citizen fiancé of a U.S. citizen to enter the United States to marry a U.S. citizen and subsequently obtain permanent residency status as a lawful permanent resident (LPR) through the marriage green card application process .
· The person's future spouse must be a U.S. citizen to be eligible to sponsor the individual. If you are a legal permanent resident of the United States with a green card, it is illegal for you to assist your fiance in obtaining a K-1 visa. The holders of a green card are also called "lawful permanent residents."
· Both individuals must not be married. The couple must provide documentation such as previous divorce decrees, annulments, or death certificates about any prior marital relationships to substantiate their claim.
· The couple must provide verification confirming the credibility of their relationship to avoid having their relationship investigated.
· Both parties must provide evidence of a physical meeting that has occurred within the preceding two-year period. Certain circumstances exist wherein in-person meeting becomes exceedingly challenging or contravenes religious, cultural, or social conventions, warranting exceptions.
· Each party involved in the partnership must provide their signature on a formal document, affirming their commitment to enter into matrimony within 90 days after the arrival of the non-U.S. citizen fiancé in the United States. If available, please provide supplementary evidence, such as a confirmed venue reservation or copies of wedding invitations.
· The U.S. citizen who intends to financially support the foreign national must meet a minimum annual income requirement to qualify for a K-1 visa. To meet the eligibility criteria, the individual's most recent tax return must provide evidence of an adjusted gross income that surpasses 100 percent of the federal poverty level.
You must first submit Form I-765 (Application for Employment Authorization) to obtain work authorization. The work permit, equivalent to the K-1 visa, has a restricted validity period of 90 days commencing from arriving in the United States.
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