In order to solemnize a legal marriage in the United States it is necessary to open a non-immigrant visa of the K-1 category. K-1 Visas are issued to the future spouses of US citizens who come to the United States for the purpose of marriage. The status of the “K” category cannot be changed to any other. If the marriage is not registered within the permitted period of stay in the United States, the “K” status owner has to leave the country. Otherwise, he or she has to be deported. Nevertheless, it easily becomes an immigrant visa after the arrival of the groom or bride to the United States and a corresponding renewal.
Then, both sides must have the legal right to marry. In addition, future newlyweds must not only have the intention to marry, but also had to meet in person at least once in the previous two years.
• meet with a spouse during the previous couple of years;
• register the marriage no later than 90 days after arriving to the US;
• both are legally available for marriage. Pretenders for obtaining a “K” visa don`t need to prove the absence of the immigration intentions, because marriage to a US citizen gives them the right to obtain permanent resident status. On the contrary, they must clearly express their intention to remain in the United States.
Children are able not only to enter the United States with their parents, but also will be eligible for a green card, as well as their parent.
The presence of the child during the interview is mandatory. In this case, it is necessary to submit a notarized copy of the marriage certificate with the petitioner at the interview along with the other documents. K-2 visa can be issued for one year from the date of issuance of the K-1 visa to the main applicant. If the submitted documents meet the requirements of the immigration law, each applicant received a non-immigrant visa in their passport. K-1 and K-2 visas are valid for one entry within six months. Along with visas applicants receive a visa packages for submission to the US immigration authorities.
If you decide to get married to another person – not to those who issued the visa for you, you must submit an application to the U. S Bureau of Citizenship and Immigration Service (BCIS). After this you are obliged to return at your homeland and wait for a response from the above-mentioned instance. In that case, if you are married, then within 90 days after your arrival in the US, your husband is obliged to execute the necessary documents in order that you will be able get the green card by marriage in the future, and send them to the BCIS. These documents will be the evidence of your new status. The reasons for denial can be the suspicion of the immigration fraud, as well as, for example, the lack of material resources of a US citizen-applicant, who must take the alimentation of the bride and future wife.
If the documents are executed correctly and the interview is successful, the visa will be issued on the same day after the interview. The bride or groom achieve the right to freely and immediately move to the United States.