The K-1 Fiancé Visa is a nonimmigrant visa designed for foreign-citizen fiancé(e)s of U.S. citizens. It allows the foreign fiancé(e) to enter the United States for marriage, provided the wedding occurs within 90 days of arrival. After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (LPR). The K1 Fiancé Visa is an essential step for couples seeking to build their future together in the United States.
The K1 Fiancé Visa, also known as the U.S. fiancé visa or engagement visa, serves as a bridge to permanent residency in the U.S. The process is similar to immigrant visa requirements since it ultimately leads to a Green Card.
Once in the U.S., the couple must marry within 90 days. The foreign spouse can then apply for adjustment of status through the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). The K1 Fiancé Visa is an essential step for couples planning to build a life together in the United States.
The K-1 visa allows a fiancé(e) of a U.S. citizen to enter the U.S. for marriage.
The CR1 (Conditional Resident) or IR1 (Immediate Relative) spouse visa is for foreign citizens already married to a U.S. citizen.
The K-1 visa process is generally faster than the spouse visa, but a spouse visa allows the foreign spouse to enter the U.S. as a permanent resident with a Green Card immediately.
To sponsor a fiancé(e) for a K-1 visa, both partners must meet the following criteria:
The petitioner must be a U.S. citizen.
The couple must have a genuine intention to marry within 90 days of the fiancé(e)'s arrival.
Both individuals must be legally free to marry, with all previous marriages terminated by divorce, death, or annulment.
The couple must have met in person at least once within two years before filing the petition. Exceptions may apply for extreme hardship or cultural, religious, or social traditions.
Applying for a Returning Resident Visa involves a multi-step process through a U.S. embassy or consulate.
Processing times vary based on factors like case complexity, document submission, and administrative processing. Delays may occur if instructions aren't followed correctly.
The approved K-1 visa is valid for one entry into the U.S. within six months.
The foreign fiancé(e) must marry the U.S. citizen sponsor within 90 days.
K-1 visa holders can apply for work authorization through Form I-765 (Application for Employment Authorization).
Temporary Work Authorization: Apply immediately upon arrival, valid for 90 days.
Long-Term Work Authorization: Apply alongside Form I-485 (Green Card application). This work permit is valid for one year and can be renewed annually.
Children of K-1 visa holders can apply for K-2 visas and accompany their parents to the U.S. To qualify for a Green Card, they must:
Remain unmarried
File for adjustment of status after their K-1 parent's marriage
The K-1 and K-2 visas automatically expire if the marriage doesn't occur within 90 days.
The foreign fiancé(e) must leave the U.S. Failure to do so may result in deportation and future visa bans.
If the couple marries after 90 days, the U.S. citizen must file Form I-130 (Petition for Alien Relative), which follows a different process.
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