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Description:
- The K-1 fiancé(e) nonimmigrant visa is designed to allow entry into the United States to fiancé(e)s of U.S.
citizens, for the purpose of marrying their fiancé(e). The process requires submission of applications,
documents, and proof that the couple is willing to marry within 90 days of entry into the United States. A K-1
visa is issued once the petition is approved. Once the visa is approved, the fiancé(e) can enter the United
States but must marry the U.S. citizen within 90 days. The K-1 fiancé(e) is authorized to obtain employment
during that 90-day period before marriage. After the marriage, the nonimmigrant can apply to adjust their
status to permanent resident as an immediate relative.
Who Is Eligible?
- To successfully petition for a K-1 visa for a fiancé(e) of a U.S. citizen, the parties must satisfy the following
requirements:
- - The parties must have previously met in person within two years of the date of filing the petition (this
requirement can be waived "if compliance would result in extreme hardship to the petitioner or compliance
would violate strict and long established customs of the beneficiary's foreign culture or social practice." 8
C.F.R. Û 214.2(k)(2)).
- The parties have a bona fide intention to marry
- The parties are willing to marry within ninety days of the fianco(e)'s arrival
- The parties have terminated any prior marriages
Visa Duration:
- The K-1 visa duration is 90 days. After 90 days, the parties must be married and should file a family based
residency petition (click here to see information for family based residency ).
Renewability:
- The K-1 visa is not renewable and cannot be extended.
Family Benefits:
- An individual can enter the U.S. in nonimmigrant status and marry their fiancoe. Oftentimes the processing
time of a K-1 visa is shorter than the processing of an ñadjustment of status" application abroad. The
individual receives work authorization immediately.
What Documentation Do I Need?
- - Passport valid for travel to the U.S. which has at least six months validity beyond the issuance date of the visa
- Birth certificates of K-1 fianco(e) applicant (and of children under the age of 21 that will accompany the applicant)
- Police certificate from all countries the applicant has resided in since their sixteenth birthday
- Court and prison records
- Two green card style (showing the right ear) photographs of the beneficiary
- Evidence of termination of prior marriages
- Form I-134-evidence of support; this can include the beneficiary's own funds or offer of employment in the U.S.
- Medical examination by The US Immigration Service approved physicians
- Evidence of relationship between the fianco(e) and the U.S. citizen-this can include photographs, letters, evidence
of engagement
What is the Process Like?
- Stage One:
A visa petition (Form I-129F) will need to be completed and filed with the Service Center having jurisdiction
over the U.S. citizen's place of residence. If the U.S. citizen is abroad, the petition may be filed with a
consular or immigration office abroad. If filed abroad, the consulate forwards the petition to a Service Center
in the U.S.
- The petition must be accompanied by supporting documentation that will prove that the parties have
previously met within the two years of the date of filing the petition, that there is a bona fide intention to marry,
and that the parties are legally able to marry and will actually marry within ninety days of entry to the U.S.
The Form I-129F must also be accompanied by:
- - Two forms G-325 (for applicant and U.S. citizen),
- Two immigration style (showing right ear) photographs of both the applicant and the U.S. Citizen, and
- Proof of the petitioner's U.S. citizenship.
Stage Two:
Once the visa petition is approved, it is sent to the consulate office that will determine the foreign national's
eligibility to obtain an immigrant visa before issuing the K-1 visa.
- The consul will issue several forms that the foreign national must complete. When the forms are submitted
and a security clearance is issued, the foreign national will be scheduled for an interview and a medical
exam.
At the interview, the foreign national should bring the documents listed in the "What documents do I need"
section. Once the visa is approved, the foreign national will receive a sealed envelope containing supporting
documentation that he or she must submit to an immigration inspector upon arrival into the U.S.
Stage Three:
Upon arrival to the U.S., the fiancé(e) must marry the U.S. citizen within ninety days. K nonimmigrants cannot
change their status to any other nonimmigrant status and they cannot apply for an extension of their stay.
- Fees for form I-129 F
content. No attorney/client relationship exists as a result of an individual or entity reading or utilizing the contents of these
pages. If you want actual legal advice you should call or visit a licensed attorney.
Licensed by the Texas Supreme Court. Not Certified by the Texas Board of Legal Specialization in any Particular Area.
