What is the K-1 Fiancé Visa?
The Fiancé Visa, also known as the K-1 Visa, is a non-immigrant visa designed specifically for foreign fiancé(e)s of U.S. citizens who wish to come to the United States to marry their U.S. citizen partner and reside permanently in the country. The K-1 Fiancé Visa enables the foreign fiancé(e) to enter the United States legally, with the expectation that they will marry their U.S. citizen petitioner within 90 days of arrival. Following the marriage, the foreign spouse can then apply for Adjustment of Status to become a lawful permanent resident (LPR) and obtain a Green Card.
Purpose and Benefits of the K-1 Visa
The K-1 Visa serves as a bridge for couples who are separated by international borders, allowing them to be reunited in the United States and begin their lives together as a married couple. This visa category offers several benefits, such as the ability to legally enter the United States, apply for work authorization, and pursue permanent residency after marriage. The K-1 Fiancé Visa process is often faster than obtaining a marriage-based immigrant visa, making it an attractive option for couples who wish to be together as soon as possible.
In this comprehensive guide to the K-1 Fiancé Visa process, we will explore the following topics to provide you with a thorough understanding of the requirements, procedures, and key considerations involved in bringing your fiancé(e) to the United States.
Note – Throughout this article, we will be using the term “fiancé” to refer to both fiancé (male) and fiancée (female) for simplicity and readability purposes. Please note that the information provided is applicable to all genders and should be understood accordingly. (Learn about commonly used immigration terms)
Eligibility for K-1 Fiancé Visa
Understanding the eligibility criteria for the K-1 visa is essential for both the U.S. citizen petitioner and the foreign fiancé(e) as it ensures they meet the requirements to successfully navigate the fiancé visa process and unite in the United States.
Petitioner Requirements
To be eligible for a K-1 Fiancé Visa, the petitioner must:
- Be a U.S. Citizen: The petitioner must be a citizen of the United States. Green Card holders (permanent residents) are not eligible to petition for a K-1 Visa.
- Intend to Marry Within 90 Days: The petitioner and their fiancé(e) must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the United States.
- Be Legally Free to Marry: Both the petitioner and the foreign fiancé(e) must be legally free to marry. This means that any previous marriages must have been legally terminated through divorce, annulment, or death.
- Have Met in Person Within the Past Two Years: The petitioner and their fiancé(e) must have met in person at least once within the two years immediately preceding the filing of the K-1 Visa petition. Exceptions to this requirement may be granted in cases of extreme hardship or if the in-person meeting requirement would violate cultural, religious, or social customs of either party.
Foreign Fiancé(e) Requirements
To be eligible for a K-1 Fiancé Visa, the foreign fiancé(e) must:
- Be a Foreign National: The foreign fiancé(e) must be a citizen of a country other than the United States.
- Intend to Marry a U.S. Citizen: The foreign fiancé(e) must intend to marry their U.S. citizen petitioner within 90 days of entering the United States.
- Be Legally Free to Marry: As mentioned above, both the petitioner and the foreign fiancé(e) must be legally free to marry.
- Prove a Bona Fide Relationship: The foreign fiancé(e) and the U.S. citizen petitioner must provide evidence of a genuine, bona fide relationship, which may include photographs, correspondence, travel records, and other documentation that demonstrates the authenticity of their relationship.
- Pass a Medical Examination: The foreign fiancé(e) must undergo a medical examination conducted by an authorized physician as part of the K-1 Visa application process.
- Pass a Background Check: The foreign fiancé(e) must pass a background check, which includes a review of criminal, security, and immigration records.
- Be Admissible to the United States: The foreign fiancé(e) must not have any disqualifying factors, such as certain criminal convictions or previous immigration violations, that would make them inadmissible to the United States. In some cases, a waiver may be available for certain grounds of inadmissibility.
Costs and Fees for K-1 Fiancé Visa
There are several fees associated with the K-1 fiancé visa application process. It’s essential to be aware of these costs and plan accordingly. Here’s a breakdown of the most common fees:
- Filing Fee for Form I-129F: The U.S. citizen petitioner is required to file Form I-129F, Petition for Alien Fiancé(e), with USCIS. The filing fee for this form is $535.
- Nonimmigrant Visa Application Fee: Once the I-129F petition is approved, the foreign fiancé(e) must apply for the K-1 visa at the U.S. Embassy or Consulate in their home country. The nonimmigrant visa application fee is $265.
- Medical Examination Fee: The foreign fiancé(e) is required to undergo a medical examination before the K-1 visa interview. The cost of the medical examination varies depending on the country and the medical facility. Expect to pay between $100 and $300.
- Translation and Document Authentication Fees: If any documents need to be translated or authenticated, there may be additional fees. These costs will vary depending on the specific requirements of each case.
- Adjustment of Status Fee: Once the foreign fiancé(e) enters the United States and gets married within 90 days, they must apply for an Adjustment of Status to become a lawful permanent resident (Green Card holder). The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,225, which includes the biometrics fee.
- Travel Expenses: Depending on the location of the U.S. Embassy or Consulate and the foreign fiancé(e)’s home country, there may be travel expenses associated with attending the visa interview and traveling to the United States.
Please note that these fees are subject to change, and it’s essential to check the USCIS and U.S. Department of State websites for the most up-to-date information on costs and fees.
K-1 Fiancé Visa Application Process
The K-1 Fiancé Visa application process involves several steps, which must be completed in the correct order. Here’s an overview of the process:
Step 1. File Form I-129F, Petition for Alien Fiancé(e)
The U.S. citizen petitioner starts the process by filing Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This form is used to establish the relationship between the petitioner and the foreign fiancé(e) and to request that the foreign fiancé(e) be allowed to apply for a K-1 Visa.
Step 2. USCIS Review and Approval
Once the I-129F is filed, USCIS will review the petition and supporting documentation. If the petition is approved, USCIS will forward it to the National Visa Center (NVC), which will then send it to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country.
Step 3. Receive Case Number and Instructions
The NVC will assign a case number to the approved petition and send instructions to the foreign fiancé(e) on how to proceed with the K-1 Visa application.
Step 4. Complete Form DS-160, Online Nonimmigrant Visa Application
The foreign fiancé(e) must complete Form DS-160 online and submit it to the U.S. Embassy or Consulate for consular processing where they will apply for the K-1 Visa.
Step 5. Schedule a Medical Examination
The foreign fiancé(e) must schedule and undergo a medical examination with an authorized physician in their home country. The results of the medical examination must be submitted with the K-1 Visa application.
Step 6. Compile Supporting Documentation
The foreign fiancé(e) must gather and prepare all required supporting documentation, such as a valid passport, birth certificate, police clearance certificates, evidence of the bona fide relationship, and proof of financial support from the U.S. citizen petitioner.
Step 7. Attend the K-1 Visa Interview
The foreign fiancé(e) must attend a visa interview at the U.S. Embassy or Consulate in their home country. The consular officer will review the application, supporting documents, and conduct the interview to determine whether the foreign fiancé(e) is eligible for the K-1 Visa.
Step 8. K-1 Visa Approval and Issuance
If the consular officer approves the K-1 Visa application, the foreign fiancé(e) will receive a visa in their passport, which allows them to travel to the United States within the visa’s validity period.
Step 9. Enter the United States and Marry
Once the foreign fiancé(e) enters the United States on a K-1 Visa, they must marry the U.S. citizen petitioner within 90 days of arrival. After the marriage, the foreign spouse can then apply for Adjustment of Status to become a Lawful Permanent Resident (Green Card holder).
After K-1 Visa Approval
After the K-1 Fiancé Visa has been approved and issued, the foreign fiancé(e) can make arrangements to travel to the United States. Here are the steps that need to be taken after the K-1 Visa approval:
Enter the United States:
The foreign fiancé(e) must use their K-1 Visa to enter the United States within the visa’s validity period, typically six months from the date of issuance. Upon arrival, a Customs and Border Protection (CBP) officer will inspect the foreign fiancé(e)’s documents and admit them into the country under K-1 nonimmigrant status.
Get Married within 90 Days:
The foreign fiancé(e) and the U.S. citizen petitioner must get legally married within 90 days of the foreign fiancé(e)’s arrival in the United States. Failure to do so may result in the foreign fiancé(e) having to leave the country and possibly face immigration consequences.
Apply for Adjustment of Status:
After the marriage, the foreign spouse should file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This application is used to request a change from K-1 nonimmigrant status to Lawful Permanent Resident (Green Card holder) status. Along with the I-485 application, the couple should also submit supporting documentation, such as the marriage certificate, proof of financial support, and evidence of the bona fide relationship.
Obtain Employment Authorization and Advance Parole:
While the I-485 application is pending, the foreign spouse may apply for an Employment Authorization Document (EAD) using Form I-765 and Advance Parole (travel document) using Form I-131. These documents will allow the foreign spouse to work and travel outside the United States while their Adjustment of Status application is being processed.
Attend Adjustment of Status Interview:
USCIS may schedule an interview for the couple to further verify the authenticity of their marriage and ensure that the foreign spouse is eligible for Adjustment of Status. The couple should attend the interview together and bring all relevant documents with them.
Receive Green Card:
If the Adjustment of Status application is approved, the foreign spouse will receive their marriage-based Green Card, granting them Lawful Permanent Resident status. This allows them to live and work permanently in the United States.
Apply for U.S. Citizenship:
After a certain period of maintaining their Green Card status, the foreign spouse may be eligible to apply for U.S. citizenship through naturalization, provided they meet all the necessary requirements.
K-2 Visa for Children of K-1 Visa Holder
Children of a K-1 visa holder may be eligible to accompany their parent to the United States under the K-2 visa category. Here’s what you need to know about the K-2 visa:
Eligibility Criteria K-2 Visa:
To qualify for a K-2 visa, the child must be under 21 years old and unmarried. They must be the biological or legally adopted child of the K-1 visa holder and have a genuine parent-child relationship.
Including Children in the K-1 Visa Application:
When the U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), they should include the names and relevant information of the K-1 visa holder’s children. This ensures that the children are considered for K-2 visas during the K-1 visa application process.
Consular Processing:
Similar to the K-1 visa process, the children applying for K-2 visas will need to undergo consular processing at the U.S. Embassy or Consulate in their home country. They will be required to complete Form DS-160, Online Nonimmigrant Visa Application, pay the necessary fees, and attend a visa interview.
Medical Examination and Supporting Documents:
K-2 visa applicants will need to undergo a medical examination by an authorized physician and submit the results along with their visa application. Additionally, they must provide supporting documents such as birth certificates, valid passports, and passport-sized photographs.
Arrival in the United States:
Once the K-2 visa is issued, the children can travel to the United States along with their K-1 visa holder parent or follow them within a reasonable time. They must enter the U.S. within the visa’s validity period.
Marriage and Adjustment of Status:
After the K-1 visa holder marries the U.S. citizen petitioner within 90 days of arrival, the K-2 visa holder children can also apply for Adjustment of Status using Form I-485 to become Lawful Permanent Residents (Green Card holders). It is essential to file the I-485 application for the children concurrently or soon after filing the application for the K-1 visa holder parent.
Maintaining K-2 Visa Status:
It is important for K-2 visa holders to maintain their nonimmigrant status by not marrying before turning 21 or engaging in unauthorized employment. Failure to abide by these rules may jeopardize their eligibility for Adjustment of Status.
K-1 Fiancé Visa Timeline and Processing Times
The processing time for a K-1 fiancé visa can vary significantly depending on several factors, including the workload of the USCIS service center processing your petition, the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country, and the individual circumstances of each case. Here is a general overview of the timeline and processing times:
- Form I-129F Petition Processing: The processing time for the I-129F petition can range from 3 to 9 months, depending on the USCIS service center handling the case. You can check the current processing times on the USCIS website.
- National Visa Center (NVC) Processing: Once the I-129F petition is approved, USCIS forwards it to the National Visa Center (NVC). The NVC assigns a case number and forwards the approved petition to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country. This process typically takes 4-8 weeks.
- K-1 Visa Application and Interview: After receiving the case number from the NVC, the foreign fiancé(e) can apply for the K-1 visa and schedule their visa interview. The time it takes to obtain an interview appointment varies depending on the availability at the U.S. Embassy or Consulate. It can range from a few weeks to several months.
- Visa Issuance and Travel to the United States: If the K-1 visa is approved, the foreign fiancé(e) will receive the visa within a few days to a couple of weeks. They must then enter the United States within the visa’s validity period, which is typically six months from the date of issuance.
- Marriage and Adjustment of Status: After arriving in the United States, the couple must get married within 90 days. Following the marriage, the foreign spouse can apply for an Adjustment of Status to become a lawful permanent resident. The processing time for the Adjustment of Status application can take anywhere from 8 to 12 months.
Please note that these processing times are approximate and can change depending on various factors. It’s crucial to stay up-to-date on processing times by checking the USCIS and U.S. Department of State websites.
Common Challenges and Issues During K-1 Visa Process
Applying for a K-1 fiancé visa can present some challenges and issues. Here are some common ones to be aware of during the application process:
- Meeting the Income Requirement: The U.S. citizen petitioner must demonstrate the ability to financially support their fiancé(e) by meeting the minimum income requirement, which is 100% of the Federal Poverty Guidelines for their household size. Failure to meet this requirement may lead to the denial of the visa application.
- Providing Sufficient Evidence of Relationship: To establish a bona fide relationship, applicants must provide compelling evidence, such as photographs, correspondence, travel records, and affidavits from friends and family. Inadequate or inconsistent evidence may result in application delays or denial.
- In-Person Meeting Requirement: The couple must have met in person within the two years preceding the filing of the I-129F petition, with some exceptions for cultural or religious reasons. Failure to prove this meeting can result in the denial of the application.
- Criminal History or Immigration Violations: A criminal record or previous immigration violations by the U.S. citizen petitioner or the foreign fiancé(e) may impact the K-1 visa application. It’s crucial to disclose any such history and consult with an immigration attorney to determine the best course of action.
- Previous K-1 Visa Applications: If the U.S. citizen petitioner has filed two or more K-1 visa petitions in the past or had a K-1 visa petition approved within the last two years, they may need to obtain a waiver from USCIS to file another petition.
- Medical Issues: The foreign fiancé(e) must pass a medical examination to be eligible for the K-1 visa. Certain medical conditions, such as communicable diseases or mental disorders, may pose challenges during the application process and may require a waiver.
- Visa Processing Times: K-1 Fiancé Visa processing times can vary and may take several months to over a year. This can cause anxiety and frustration for couples waiting to be reunited. It’s important to be patient and prepare for potential delays in the process.
How an Immigration Attorney Can Help
Navigating the K-1 fiancé visa process can be complex and time-consuming. An experienced immigration attorney can provide valuable guidance and assistance throughout the process to ensure a smoother experience. Here are some ways an immigration attorney can help:
- Case Evaluation: An immigration attorney can assess your specific situation and determine if the K-1 visa is the best option for you and your fiancé(e), or if there are alternative visa options that may better suit your needs.
- Documentation and Form Preparation: An immigration attorney can help you gather the necessary documents and accurately complete the required forms, such as the Form I-129F, Petition for Alien Fiancé(e). They can also ensure that you submit all supporting documents to minimize the risk of delays or denials.
- Legal Guidance: Immigration laws and procedures can be complex and constantly changing. An immigration attorney can provide up-to-date legal advice and help you understand the requirements and steps involved in the K-1 visa process.
- Representation at Consular Interviews: An immigration attorney can prepare your foreign fiancé(e) for the visa interview at the U.S. Embassy or Consulate and, in some cases, may be able to attend the interview with them to provide support and representation.
- Addressing Issues and Challenges: If you encounter any challenges or issues during the K-1 Fiancé Visa process, such as a request for additional evidence or a notice of intent to deny, an immigration attorney can help you respond appropriately and promptly to minimize the impact on your application.
- Assistance with Adjustment of Status: After your marriage, an immigration attorney can guide you through the Adjustment of Status process to obtain a Green Card for your foreign spouse.
Hiring an immigration attorney can greatly increase your chances of success and reduce the stress associated with the K-1 fiancé visa process. Their expertise and guidance can be invaluable in helping you and your fiancé(e) begin your life together in the United States.
If you’re ready to begin the K-1 Fiancé Visa process or have questions about your specific situation, don’t hesitate to contact our experienced K-1 fiancé visa lawyer in Atlanta. Glenn Immigration Law Firm is here to guide you through every step of the way and ensure the best possible outcome for you and your fiancé(e). Schedule a consultation today and let us help you unite with your loved one in the United States.
K-1 Fiancé Visa FAQs
In this FAQ section, we address some of the most common questions and concerns related to the K-1 Fiancé Visa process. Our aim is to provide you with clear and concise answers to help you better understand the requirements, procedures, and potential challenges you may face while navigating the path to bringing your fiancé(e) to the United States.
What is a K-1 visa?
A K-1 visa, also known as a fiancé visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married. The foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days of entering the country.
How long is the K-1 visa valid for?
The K-1 visa is valid for a single entry into the United States and allows the foreign fiancé(e) to stay for up to 90 days. The couple must get married within this period, and the foreign spouse must then apply for an adjustment of status to become a lawful permanent resident (green card holder).
What happens if the K-1 visa holder doesn’t marry within 90 days?
If the K-1 visa holder fails to marry their U.S. citizen petitioner within 90 days of entering the country, they will be considered out of status and may face deportation. The K-1 visa cannot be extended beyond the initial 90-day period.
Can a K-1 visa be extended?
No, a K-1 visa cannot be extended. It is valid for a single entry and the couple must marry within 90 days of the foreign fiancé(e)’s arrival in the United States. If they do not marry within this time frame, the K-1 visa holder must leave the country.
Can the K-1 visa holder work in the U.S.?
Yes, K-1 visa holders are eligible to apply for employment authorization using Form I-765, Application for Employment Authorization. This allows them to work legally in the United States while their adjustment of status application is pending.
Can a K-1 visa holder travel outside the U.S. and return?
K-1 visa holders should not leave the United States before getting married and applying for adjustment of status. Traveling outside the U.S. without obtaining advance parole may result in the abandonment of the adjustment of status application and denial of re-entry.
Can a K-1 visa be converted to another visa type?
No, the K-1 visa is specifically for fiancé(e)s of U.S. citizens and cannot be converted to another visa type. The foreign fiancé(e) must marry their U.S. citizen petitioner and apply for an adjustment of status to obtain a green card.
Can a K-1 visa holder apply for a green card?
Yes, after marrying the U.S. citizen petitioner within the 90-day period, the K-1 Fiancé Visa holder can apply for adjustment of status to become a lawful permanent resident. This involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.
How long does it take to process a K-1 visa application?
The processing time for a K-1 visa application can vary depending on several factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) office handling the case and the U.S. embassy or consulate processing the visa. Generally, it takes between 6 to 9 months for the entire process, from filing the initial petition to receiving the K-1 visa.
What if the K-1 visa application is denied?
If the K-1 Fiancé Visa application is denied, the U.S. citizen petitioner and the foreign fiancé(e) can explore the reasons for the denial and address any issues before reapplying.
Can same-sex couples apply for a K-1 visa?
Yes, same-sex couples can apply for a K-1 visa as long as the marriage will be recognized in the U.S. state where the couple plans to marry and reside.
Is there a limit to the number of times a U.S. citizen can apply for a K-1 visa?
There is no specific limit on the number of times a U.S. citizen can petition for a K-1 visa. However, USCIS may scrutinize the applications more closely if a petitioner has previously filed for multiple fiancé(e)s.
Can a K-1 visa holder change their address in the U.S.?
Yes, K-1 visa holders are required to report any change of address to USCIS within 10 days of moving, using Form AR-11, Alien’s Change of Address Card. This requirement also applies to any K-2 visa holders (children of the K-1 visa holder).
How long does it take to get a Green Card after marrying on a K-1 visa?
After marrying on a K-1 Fiancé Visa, the foreign spouse can apply for Adjustment of Status to become a permanent resident (Green Card holder). The processing time for the Adjustment of Status application varies depending on USCIS workload and other factors, but it generally takes between 8 to 14 months.
Can the K-1 visa holder apply for a Social Security Number (SSN)?
Yes, K-1 visa holders can apply for an SSN after arriving in the United States. They must present their K-1 visa, a valid passport, and proof of marriage to the Social Security Administration office to apply for an SSN.
What if the K-1 visa holder has a criminal record?
A criminal record may impact the K-1 visa application process. Depending on the nature and severity of the crime, it could lead to visa denial or require a waiver.
What is the difference between a K-1 visa and a CR1/IR1 spouse visa?
A K-1 visa is a nonimmigrant visa for foreign fiancé(e)s of U.S. citizens, while CR1/IR1 visas are immigrant visas for spouses of U.S. citizens. The K-1 visa allows the foreign fiancé(e) to enter the United States for the purpose of marrying their U.S. citizen petitioner within 90 days, while the CR1/IR1 visa is for foreign spouses who have already married their U.S. citizen spouse and want to live permanently in the United States.
Can a K-1 visa holder bring their pets to the United States?
K-1 Fiancé Visa holders may bring their pets to the United States, but there are specific rules and regulations they must follow. These include health requirements, vaccinations, and quarantine regulations. It is recommended to research the specific requirements for bringing pets to the United States before making travel arrangements.
Can a K-1 visa holder attend school in the United States?
Yes, K-1 visa holders can attend school in the United States, but they should be aware that their visa status may affect their eligibility for financial aid or in-state tuition rates. It is recommended to consult with the school’s admissions office for specific information on eligibility and tuition rates.
Is a K-1 visa holder eligible for the Affordable Care Act (ACA) health insurance coverage?
K-1 visa holders are considered lawfully present nonimmigrants and are eligible to purchase health insurance through the ACA Health Insurance Marketplace. They may also be eligible for financial assistance, depending on their income level and other factors. It is important to research and compare health insurance options to find the best coverage for their needs.
How can I check the status of my K-1 Fiancé Visa application?
You can check the status of your K-1 Fiancé Visa application online using the USCIS Case Status Online system. To do this, visit the USCIS website and enter your 13-digit receipt number found on the Notice of Action (Form I-797) provided to you after filing the I-129F petition. This will allow you to monitor your application’s progress and receive updates on any changes to your case.