The fiancé K-1 nonimmigrant visa, often called the U.S. fiancé visa or U.S. engagement visa, is for the foreign-citizen fiancé of a U.S. citizen.
The fiancé K-1 nonimmigrant visa, often called the U.S. fiancé visa or U.S. engagement visa, is for the foreign-citizen fiancé of a U.S. citizen.
The K1 visa allows the fiancé to enter the United States for marriage, and the wedding must occur within 90 days of arrival. After the ceremony, the foreign citizen can apply for adjustment of status to become a lawful permanent resident (LPR) through the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS).
Applicants must meet specific criteria similar to immigrant visa requirements because the K-1 visa serves as a pathway to permanent residency.
The K-1 visa, or U.S. fiancé visa, allows a foreign-citizen fiancé of a U.S. citizen to enter the U.S. for marriage. The CR1 (Conditional Resident) or IR1 (Immediate Relative) spouse visa USA is for foreign citizens already married to a U.S. citizen.
The K-1 visa process is generally faster than the spouse visa, but the spouse visa allows the foreign spouse to enter the U.S. as a permanent resident. The spouse visa allows the foreign citizen to receive a Green Card upon arrival, eliminating the need to file separately for adjustment of status.
If you, as a sponsor, want to bring your fiancé to the U.S. on a fiancé visa, both of you must meet the following K1 visa requirements:
You must be a U.S. citizen to petition for a K-1 visa.
Both you and your fiancé must genuinely intend to marry within 90 days of their arrival in the U.S.
You and your fiancé must be legally eligible to marry. Any previous marriages should be officially terminated by divorce, death, or annulment.
You and your fiancé must have met in person at least once within the two years before filing the petition.
In exceptional cases, USCIS may waive the requirement to see face-to-face due to extreme hardship or specific cultural, religious, or social traditions. Meeting these criteria is essential for those wondering how to apply for U.S. fiancé visa.
The K-1 visa application process involves several steps to ensure you are eligible for the visa.
Form I-129F: The U.S. citizen sponsor must begin by filing Form I-129F (Petition for Alien Fiancé(e)), with USCIS.
The I-129F petition typically remains valid for four months from the approval date, though consular officers may extend this period if the visa process takes longer.
After receiving the NVC's notice, the foreign-citizen fiancé can begin the K1 visa application by following the instructions from the U.S. Embassy or Consulate. Applications of K-1 applicants can apply for K-2 visas, but each applicant must submit a separate application and pay the required visa fee.
Several costs are associated with the fiancé visa process. Understanding U.S. fiancé visa costs will help you prepare better. They include:
The K-1 visa interview is to confirm the relationship's authenticity and intentions. Consular officers will ask questions to ensure both parties have a bona fide intent to marry.
Important Notes:
Processing times for the K-1 visa can vary depending on several factors. Once the NVC forwards the petition to the U.S. Embassy or Consulate, processing time largely depends on the nature of each case and the applicant's compliance with official instructions.
Delays can occur if the applicant fails to follow instructions or if their case requires additional administrative processing after the interview.
If your fiancé visa is approved, the Embassy will return your passport containing the K-1 visa and a sealed packet containing the required documents. The K-1 visa allows for a single admission to the U.S. within six months from the date of issuance.
The foreign-citizen fiancé should present the K-1 visa and a sealed packet containing the required documents at the U.S. port of entry. This packet must remain sealed until opened by a DHS official. Upon arrival in the U.S., the couple must marry within 90 days.
After admission to the U.S. on a K-1 visa, the foreign fiancé may apply for permission to work.
These are two options:
The foreign fiancé may apply for temporary work authorization by filing Form I-765 - Application for Employment Authorization immediately upon arrival. This authorization is valid for 90 days from their entry.
If the foreign fiancé applies for a Green Card, they can file Form I-765 alongside Form I-485 - Application to Register Permanent Residence or Adjust Status. This work authorization is initially valid for one year and can be renewed annually.
Children of K-1 visa holders are eligible for K-2 visas, allowing them to accompany their parents to the U.S. K-2 visa applications must be filed separately and require additional fees. After the K-1 holder marries the U.S. citizen sponsor, the children must file individual applications to adjust their status to lawful permanent residents (LPR), as they cannot be included in their parent's adjustment of status.
For K-2 nonimmigrant children to qualify for a Green Card, they must:
The K-1 visa is time-sensitive. If the marriage does not occur within 90 days of the fiancé's entry, the following may happen:
The K1 visa and K2 visas will expire after 90 days and cannot be extended.
The foreign fiancé and their children must leave the U.S. if the marriage doesn't occur within this period. Overstaying may lead to deportation and ban them from future U.S. immigration benefits.
In cases where marriage occurs after the 90-day period, the U.S. citizen may file Form I-130 – Petition for Alien Relative. However, this is a separate process from the K-1 visa and does not guarantee immediate lawful status.
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