K-1 Fiancé(e) Visa Overview
Eligibility Requirements
- U.S. Citizen Fiancé(e): The petitioner must be a U.S. citizen.
- Intent to Marry: The couple must have a genuine intention to marry within 90 days of the foreign fiancé(e)’s entry into the U.S.
- Meeting in Person: The couple must have met in person at least once within the two years preceding the visa application. Exceptions apply for certain cultural or hardship reasons.
- Legally Free to Marry: Both parties must be legally free to marry. This means any prior marriages must be legally dissolved.
Application Process
Petition Filing (Form I-129F)
Petitioner: The U.S. citizen fiancé(e) must file Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).
Supporting Documents: Along with the form, the petitioner must submit proof of U.S. citizenship, evidence of the relationship, and proof that the couple has met in person.
USCIS Processing
Once USCIS approves Form I-129F, the petition is forwarded to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the foreign fiancé(e)’s country.
Notice of Action: The petitioner will receive a notice of action once the petition is approved.
Visa Application (DS-160)
Complete DS-160: The foreign fiancé(e) must complete the Online Nonimmigrant Visa Application form (DS-160).
Schedule an Interview: Schedule a visa interview at the U.S. embassy or consulate in their home country.
Visa Interview
Prepare for the Interview: Gather required documents and prepare for the interview. The consulate will assess the authenticity of the relationship and the foreign fiancé(e)’s eligibility for the visa.
Visa Issuance
Approval: If the visa is approved, the foreign fiancé(e) will receive a K-1 visa, allowing them to enter the U.S. for marriage.
Entry to the U.S.: The foreign fiancé(e) must enter the U.S. within the validity period of the visa (typically six months).
Marriage and Adjustment of Status
- Marriage: The couple must marry within 90 days of the foreign fiancé(e)’s entry into the U.S.
- Adjustment of Status: After marriage, the foreign spouse can apply for a green card (adjustment of status) using Form I-485.
Required Documents
- Form I-129F: Petition for Alien Fiancé(e), completed by the U.S. citizen petitioner.
- Proof of U.S. Citizenship: U.S. passport, birth certificate, or naturalization certificate.
- Evidence of Relationship: Photos, correspondence, travel records, and other documents proving the relationship is genuine.
- Proof of Meeting: Documentation showing that the couple met in person within the last two years.
- Form DS-160: Online Nonimmigrant Visa Application form completed by the foreign fiancé(e).
- Visa Application Fee: Pay the applicable visa application fee.
- Medical Examination: The foreign fiancé(e) must undergo a medical examination by an approved physician.
- Police Clearance: A police clearance certificate from the foreign fiancé(e)’s country of residence.
- Proof of Intent to Marry: Evidence showing the couple’s intent to marry within 90 days of entry.
Additional Information
- K-2 Visa: If the foreign fiancé(e) has children under 21, they may apply for K-2 visas to accompany the principal K-1 applicant.
- Validity: The K-1 visa is valid for a single entry, and the foreign fiancé(e) must marry within 90 days of entering the U.S. Failure to marry within this period may result in the requirement to leave the U.S.