K-1 Visa: Fiancé(e) Visa
What is a K-1 Visa?
The K-1 Visa, commonly known as the Fiancé(e) Visa, is designed for the foreign national partner or “significant other” of U.S. citizens who wish to enter the United States for the purpose of getting married to their U.S. citizen partner. This visa allows the foreign fiancé(e) to travel to the U.S. and marry their U.S. citizen sponsor within 90 days of arrival.
Benefits of the K-1 Visa
- Legal Entry: Allows the foreign fiancé(e) to enter the U.S. to marry their U.S. citizen sponsor.
- Path to Permanent Residence: After marriage, the foreign fiancé(e) can apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder).
- Family Reunification / Family Planning: Enables partners and their children (if any) to reunite and build a life together in the United States.
Eligibility Requirements for a K-1 Visa
To qualify for a K-1 Visa, applicants must demonstrate:
- The U.S. petitioner is a U.S. citizen.
- Both parties are legally free to marry and intend to marry each other within 90 days of the foreign fiancé(e)’s entry into the U.S.
- The couple has met in person at least once within the two years prior to filing the petition, unless a waiver is granted based on hardship or cultural reasons.
- The sponsoring U.S. citizen meets the minimum income requirements (Form I-134, Affidavit of Support) to financially support the foreign fiancé(e) upon arrival.
Children of K-1 Visa
Unmarried children (under the age of 21) of K-1 visa holders can enter the United States on a K-2 visa. The U.S. citizen fiancé(e) must include the names of all K-2 children on the Form I-129F (Petition for Alien Fiancé(e)) when applying for the K-1 visa. The K-2 visa application is linked to the K-1 visa application and cannot be filed separately.
Eligibility for Future Extensions or Change to Other Visa Types
K-1 visa holders cannot extend their visa or change to another nonimmigrant visa type while in the U.S. However, after marrying, they can apply for Adjustment of Status to obtain a green card. If you do not marry within the required timeframe, you will need to leave the U.S. and may need to apply for a different visa from your home country if you wish to return.
Additional Information
- 90-Day Requirement: After entering the U.S. on a K-1 visa, you must marry your U.S. citizen fiancé(e) within 90 days. Failure to do so will result in the expiration of your visa.
- Adjustment of Status: After marriage, you can apply for Adjustment of Status to become a lawful permanent resident. This process must be initiated promptly to maintain your legal status.
- No Extensions: K-1 visa holders cannot extend their visa. If you do not marry within the 90 days, you must leave the U.S.
What We Do
- Provide assistance in preparing Form I-129F on behalf of a Fiance of an US CItizen USCIS and the National Visa Center
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to K-1 Visa Holders in the United States that wish to apply for Form I-485, Adjustment of Status
Are you an U.S. Citizen looking to file for a K-1 Visa your finance? Our experienced immigration attorneys are here to help you determine your eligibility and guide you through every step of the application process.
Why Choose Us
- Guidance: We specialize in family-based immigration and understand the nuances of the K-1 visa application.
- Personalized Support: Our dedicated caseworkers will work closely with you to ensure that your application is complete and accurate.
- Streamlined Process: We’ll help you gather the necessary documentation and prepare for your visa interview, making the process as smooth as possible.
Don’t let uncertainty hold you back from reuniting with your loved ones in the U.S. Contact us today to schedule a consultation and find out if you qualify for the K-1 Visa.
How to Apply for a K-1 Visa
Step 1 | File Form I-129F: The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). |
Step 2 | Receive USCIS Approval: Once USCIS approves the petition, it will be sent to the National Visa Center (NVC) for processing. |
Step 3 | Complete the Online Visa Application: The foreign fiancé(e) must complete the DS-160 form online and pay the visa application fee. |
Step 4 | Schedule an Interview: The foreign fiancé(e) must schedule and attend a visa interview at the nearest U.S. Embassy or Consulate. |
Step 5 | Gather Required Documents: Collect all necessary documentation, including passport, photograph, DS-160 confirmation page, birth certificates, divorce or death certificates of any previous spouses (if applicable), police certificates, and medical examination results. |
Step 6 | Attend the Visa Interview: Be prepared to discuss your relationship, intentions to marry, and provide supporting evidence of your bona fide relationship. |
Step 7 | Wait for Visa Processing: After the interview, your application may undergo administrative processing. If approved, the visa will be issued, allowing entry to the U.S. |
Step 8 | Get married: The applicant must get married to the Petitioning U.S. Citizen within 90 days of entering the U.S. |
Frequently Asked Questions
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- How long does the K-1 visa process take?
The processing time for a K-1 visa typically ranges from 6 to 9 months, depending on the specific circumstances and USCIS processing times.
- Can my fiance(e) work in the U.S. on a K-1 visa?
Yes, once your fiance(e) enters the U.S. on a K-1 visa, they can apply for work authorization.
- What happens if my K-1 visa petition is denied?
If your petition is denied, we will review the reasons for the denial and explore options such as filing an appeal or reapplying with additional evidence.
- What should we expect during the K-1 visa interview?
During the visa interview, consular officers will ask questions to verify the legitimacy of the relationship and ensure all eligibility requirements are met. It’s important to be honest and provide accurate information.
- What happens after my fiance(e) arrives in the U.S. on a K-1 visa?
After arriving in the U.S. on a K-1 visa, you and your fiance(e) must get married within 90 days. After the marriage, your spouse can apply for a Green Card through adjustment of status.
- Can my fiancé(e)'s children come to the U.S. on a K-2 Visa?
Yes, unmarried children under 21 of the foreign fiancé(e) can accompany them to the U.S. on K-2 visas.
- What happens if we don't marry within 90 days on a K-1 Visa?
If you do not marry within 90 days, your fiancé(e) must leave the United States or face immigration consequences. If you miss the date, contact us to schedule a Strategy Call to discuss other options of correcting your status.
- Can a K-1 Visa Holder Extend Their Visa?
No, a K-1 visa holder cannot extend their visa. The K-1 visa is specifically designed for foreign nationals to enter the United States for the purpose of marrying their U.S. citizen fiancé(e).
