The Legalities of the K1 Visa: Love, Marriage, and International Travel
Love knows no boundaries, and the K1 visa, also known as the non-immigrant visa, allows American citizens to bring their foreign fiancée to the United States legally. The K1 visa permits the foreign citizen fiancé to travel to the United States and marry their US citizen sponsor within 90 days of arrival. Once married, the foreign citizen can apply for adjustment of status to lawful permanent resident and stay in the United States as long as they like. However, the K1 visa process is long and arduous, and there are many legal requirements that must be met. In this article, we will explore the legalities of the K1 visa, including the requirements for obtaining the visa, the limitations of the visa, and the potential legal hurdles that couples may face.
Table of Contents
1. Introduction
2. What is the K1 Visa?
3. Who Can Get the K1 Visa?
4. How to Apply for the K1 Visa
5. Financial Support Requirements
6. Criminal Record and Inadmissibility
7. Polygamy and the K1 Visa
8. Limitations of the K1 Visa
9. International Marriage Broker Regulation Act
10. Conclusion
What is the K1 Visa?
The K1 visa, also known as the non-immigrant visa, is the document an American citizen needs to bring their foreign fiancée to the United States. The K1 visa permits the foreign citizen fiancé to travel to the United States and marry their US citizen sponsor within 90 days of arrival. Once married, the foreign citizen can apply for adjustment of status to lawful permanent resident and stay in the United States as long as they like.
Who Can Get the K1 Visa?
The first requirement for obtaining the K1 visa is that the US citizen and fiancé must be legally allowed to marry at the time of the petition for the K1 visa was filed. Marriage laws differ from country to country and state to state, so to get a K1 visa, the marriage has to be legally possible according to the laws of the United States and the state in which the marriage will take place.
The second requirement is that the couple must have actually met in person. The foreign citizen fiancé and the US citizen sponsor must have actually met in person at least once within the past two years. Although the US government can grant an exception to this requirement for extreme hardship, it is extremely rare for this requirement to be waived.
How to Apply for the K1 Visa
The application process for the K1 visa is long and arduous. You need a lot of paperwork to get the ball rolling, including an online non-immigrant visa application, plus additional forms if the person has children, a passport, birth certificate, divorce certificates if applicable, police certificates from everywhere the fiancé has lived since the age of 16, medical examinations, photographs, evidence of the relationship, and payment of fees.
Financial Support Requirements
Evidence of financial support is a significant requirement for the K1 visa. During their visa interview, applicants must produce evidence to the counselor's office that they will not become a public charge in the United States. Public charge refers to being unable to provide basic necessities of living like housing, food, shelter, and clothing. If a person will become a public charge, the visa will be denied, and that person cannot enter the country.
The American citizen will have to file an affidavit stating that they will be able to support their new spouse and any children who come over with that new fiancé. This is a legally binding contract. If the person the citizen is sponsoring becomes a public charge, and the government has to provide public services, the agency providing the help can sue the American citizen to recover the costs.
Criminal Record and Inadmissibility
A clean criminal record is a requirement for obtaining the K1 visa. If the fiancé has a criminal record, in most cases, the person will be ineligible for the visa or to enter the United States at all. This is even true when the person's crimes have been expunged. Even misdemeanor convictions can make a person ineligible. These crimes are listed in Section 212 of the Immigration and Nationality Act. They include crimes of moral turpitude, a violation of any drug law, US or foreign, any kind of drug trafficking, even if it doesn't result in a conviction, prostitution, or participating in prostitution in any way, participating in human trafficking, whether directly or indirectly, and money laundering.
Polygamy and the K1 Visa
Polygamy is illegal in the United States, and a person cannot emigrate or become a naturalized US citizen if they practice polygamy. Although polygamy is legal in certain areas of Nigeria, for example, Michael from 90-day fiancé cannot bring another Nigerian spouse into the country on a K1 visa and then live happily ever after with Angela and the other wife.
Limitations of the K1 Visa
A person who enters the United States has 90 days to marry a US citizen, but only that particular US citizen. If a person decides that their fiancé is not really their cup of tea and they'd rather marry another American, they will have to leave the country and start the whole process all over again. A US citizen is limited to two K1 visas during their entire lifetime. This limitation protects foreign fiancées from exploitation because if a US citizen could apply for K1 visas whenever they felt like it, they could lure people into the country with false promises of marriage and then subject that person to involuntary servitude or worse.
International Marriage Broker Regulation Act
Congress has long been concerned about the possibility of abuse and fraud and exploitation from both the US citizen and the foreign fiancé. In 2005, Congress enacted the International Marriage Broker Regulation Act to reduce abuse of marriage-based visa recipients. The law adds a few safeguards to the screening process that are intended to protect both the visa applicant and the US petitioner. For example, if the American petitioner used a foreign marriage broker, which are the companies that are often referred to as mail-order bride companies, they have to disclose it to the US government, and the broker must meet certain strict requirements.
Conclusion
The K1 visa is a complicated immigration process that has been turned into a hit reality show by TLC. The legal requirements for obtaining the K1 visa are strict, and there are many potential legal hurdles that couples may face. However, love knows no boundaries, and the K1 visa allows American citizens to bring their foreign fiancé to the United States legally.
