The “K-1” Visa for an Alien Fiancé(e)
The K-1 non-immigrant visa category permits the fiancé(e) of a U.S. citizen petitioner to enter the United States for a 90-day period to marry the petitioner and apply for permanent residence. To establish K-1 visa classification for an alien fiancé(e), an American citizen must file a petition in the United States. Once the petition is approved it will be forwarded to the American consular office where the alien fiancé(e) will apply for his or her visa.

Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé(e). If the applicant is found eligible, a visa will be issued, valid for one entry during a period of six months. At the port of entry, the alien fiancé(e) may receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen, but upon entry into the United States the alien fiancé(e) must apply for an official work authorization document. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply for removal of the conditional status.

Obtaining a Green Card Through Marriage to a United States Citizen
Each year, nearly a quarter million citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the U.S. Spouses of U.S. citizens are considered "immediate relatives" under the immigration laws, and are exempt from all numerical quota limitations. In other words, marriage to a U.S. citizen is the fastest way to legally obtain a green card. To obtain a green card through marriage to a United States citizen, however, the foreign-born spouse must not have entered the United States illegally without inspection (EWI).

If the marriage occurs in the United States, the U.S. citizen must submit a visa petition to prove that the marriage is bona fide, i.e., the marriage was entered into for love rather than simply for the foreign-born spouse to obtain a green card. Simultaneously, the foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Once the application is processed, the foreign national and U.S. citizen spouse will be required in most cases to attend an interview at the local Bureau of Citizenship and Immigration Services office. For applicants living in North Carolina, the interview will be conducted in Charlotte.

If the marriage occurs outside the United States, the process is similar except that traditionally the foreign-born spouse had to remain in his or her country until he or she obtained a green card. This recently changed when a new temporary visa category was created that allows the spouse and children of U.S. citizens to obtain temporary visas to come to the U.S. and process the paperwork in the U.S. The process begins when the citizen spouse submits a visa petition in the United States or directly to the U.S. Embassy or Consulate in the country where the foreign-born spouse resides. Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC). The packet informs the foreign-born spouse of the various documents which must be presented at the immigrant visa interview abroad and includes certain documents requesting biographic data which must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months. The State Department charges a fee of $335 for an immigrant visa.

The next critical stage in the process of obtaining a green card in this manner is to remove the conditional residence status. If the marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition to remove the two-year condition within the 90-day period immediately preceding the end of the two year period. If the marriage has terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.