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As the title of this video suggests, we are discussing K-1 Fiancé Visas. So for those who are unaware, yes the K-1 category is for a Fiancé Visa. Now the purpose of this video is to talk about two things: marriage and the meeting requirement. 

So one, there is a meeting requirement associated with a K-1 Fiancé Visa. It is pretty iron-clad; you have to have met in person within 2 years of filing for a K-1 Fiancé Visa. Now there are exceptions most notably for like religiously arranged marriages where the bride and groom do not meet prior to the marriage then, there may be an exception for that but it is a pretty high threshold to overcome legally speaking to get past the meeting requirement. The next issue that often gets discussed with regard to Fiancé Visas is the issue of marriage. Now for those who are unaware, those who enter the United States in a K-1 Fiancé Visa, have 90 days in which to get married and adjust status to lawful permanent residence. Failure to get married within the 90 days would require the K-1 to leave the United States so as not to fall into overstay, fall outside the parameters of the Visa. Then adjustment of status sort of comes along naturally after the marriage. If a marriage does occur, go ahead and file for adjustment of status to Green Card status.

Another thing that I have had a lot of folks asking me about the last few months is an issue called proxy marriage. As we have discussed in a couple of other videos on this channel, proxy marriages may be a possibility. There are jurisdictions in the United States for example which allow proxy marriage. As discussed in detail in other videos on this channel, the issue of consummation does come up with regard to proxy marriage. As per USCIS rules and regulations a proxy marriage must be consummated; there must be evidence of consummation. Now how does this pertain to the K-1 Fiancé Visa? Well marriage, either proxy or otherwise, in my opinion would negate the ability to apply for a K-1 Fiancé Visa because K-1 visas are meant for fiancés not those married to someone coming to the United States. There are other Visa categories if you are married to someone. So for example the K-3 which is a supplemental Non-Immigrant Visa that is usually attached to either a petition for a CR-1 Marriage Visa, Immigrant Visa or an IR-1 Immigrant Spouse Visa. 

So again marriage plays into the K-1 process but the timing of the marriage as well as the timing of when one files for a K-1 Visa especially after physically meeting their fiancé in person, all of this plays into the eligibility factors for a Fiancé Visa to the United States.