K-1 Visa: Nonimmigrant Visa for a Fiance

What is a K1 Visa?

K-1 Visas are also known as the fiance visa. They permit foreign nationals intending on marrying a U.S. citizen to enter the United States on a nonimmigrant status for a duration of 90 days. A U.S. citizen must file Form I-129F; Petition for a Foreign Fiance in order for the application to qualify for a K1 Visa. Other eligibility requirements must be met before filing the petition:

  • The U.S. Citizen and foreign national must have met in person at least once in the last two years unless:
    • Meeting would violate long-standing cultural customs of the fiance’s foreign background
    • Meeting would result in hardship for the U.S. Citizen
  • The U.S. Citizen and foreign national are free to marry and possible previous marriages have been nullified due to divorce, death, or annulment
  • The U.S. Citizen and foreign national plan on marrying within 90 days of the foreign national’s arrival into the United States

How can my foreign national fiance obtain a K1 Visa?

Filing Form I-129F

A U.S. Citizen, or the petitioner, files Form I-129F on behalf of his or her foreign national fiance, the beneficiary, to USCIS. Once the USCIS reviews documents, eligibility, and background checks, they will determine if the petition will be approved or not. Approval of Form I-129F does not guarantee a K1 Visa. It signifies that USCIS recognizes the relationship between the petitioner and the beneficiary.

The USCIS will send the approved petition for a K-1 Visa to the National Visa Center (NVC) which will then transfer the petition to the appropriate embassy or consulate in the country of the foreign national fiance.

Visa Application

The NVC will notify the foreign national of when to apply for the K1 Visa from their end. To begin the process, he or she must go to the U.S. embassy or consulate to which the Form I-129F petition was sent and submit the following:

  • proof of relationship
  • personal and government issued documents
  • medical exam

The Department of State will review the documents and conduct a background check on the foreign national. An interview at the consulate will also take place and that determines whether a K-1 Visa will be issued or not. If the Department of State officer finds that the relationship is suspicious, or the background of the foreign national is a cause for suspicion, the K1 Visa will not be granted. A K1 Visa, similarly to every visa, does not guarantee admission into the United States.

Entering the United States

Once the foreign national’s passport is returned with the K1 Visa. He or she may travel to the United States at a port of entry. Customs and Border Patrol will inspect the validity of documentation, biometrics, background, and immigration information as well as conduct an interview. Once admitted, the foreign national fiance will have 90 days to marry the petitioner U.S. citizen.

Adjustment of Status

Once the U.S. citizen and foreign national have married, the K-1 Visa holder must adjust his or her status to a lawful permanent resident, also known as a green card holder by filing Form I-485 with the USCIS. Background checks will be performed and interviews given to both parties of the couple. Additionally, if the couple has been married for two years or less by the time Form I-485 is approved, a conditional green card will be granted that is only valid for two years.

Removing Conditions

Conditional green cards must be adjusted by removing the conditions attached to it. The foreign national must file Form I-751 before the two years have passed on his or her conditional green card. Then, they will become a permanent resident and must follow the typical green card process to become a U.S. citizen.

Who Qualifies for K-1 Visa?

To qualify for a K-1 visa, the foreign fiancé(e) of a U.S. citizen must meet the following criteria:

  • Be legally engaged to a U.S. citizen
  • Have met in person within the past two years, unless certain exceptions apply
  • Be able to demonstrate that the engagement is bona-fide, not entered into for the purpose of obtaining a visa
  • Meet the requirements for a nonimmigrant visa
  • Pass a background check and medical examination

It’s important to note that the U.S. citizen sponsor must be a U.S. citizen, and not just a permanent resident. Also, the U.S citizen sponsor and foreign fiancé(e) must intend to marry within 90 days of the foreign fiancé(e) entering the United States.

The U.S. citizen sponsor will have to file a Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS) and the foreign fiancé(e) will have to apply for the K-1 visa at a U.S. consulate or embassy in their home country. After the K-1 visa holder enters the U.S., they must marry the U.S. citizen sponsor within 90 days or leave the country. After the marriage, the foreign national can then apply for adjustment of status to become a permanent resident of the United States.

How to Apply for K-1 Visa?

The process for applying for a K-1 visa involves several steps:

  1. File a petition: The U.S. citizen sponsor must file a petition on behalf of their foreign fiancé(e) with the U.S. Citizenship and Immigration Services (USCIS) using form I-129F, Petition for Alien Fiancé(e).
  2. Gather all necessary documentation: The U.S. citizen sponsor and foreign fiancé(e) will need to provide various forms of documentation to support the petition, such as proof of U.S. citizenship for the sponsor, proof of the bona-fide nature of the engagement, and proof of the couple’s meeting in person within the past two years.
  3. Pay the required fees: The U.S. citizen sponsor will need to pay the required fees to the USCIS.
  4. Wait for the petition to be approved: Once the petition is filed, it will take some time for it to be processed by the USCIS. After the petition is approved, it will be sent to the National Visa Center (NVC) for further processing.
  5. Complete the online visa application form: Once the petition is received by the NVC, the foreign fiancé(e) will receive instructions on how to complete the online visa application form (DS-160).
  6. Attend a medical examination: The foreign fiancé(e) will need to schedule and attend a medical examination with a physician authorized by the U.S. embassy or consulate.
  7. Attend a visa interview: Once the NVC has received all of your documents, they will schedule a visa interview with a consular officer at the U.S. embassy or consulate. During the interview, the foreign fiancé(e) will be asked questions about their qualifications, their intended marriage, and their plans in the United States.
  8. Wait for a decision: After the interview, the consular officer will make a decision on your application. If you are approved for the visa, you will be asked to pay the visa fee, and will be given instructions on how to collect your passport and visa.

What is the K-1 Interview Process?

The K-1 visa interview process typically involves an interview with a consular officer at a U.S. consulate or embassy in the foreign fiancé(e)’s home country. The interview is an opportunity for the consular officer to verify the information in the visa application and to determine whether the foreign fiancé(e) is eligible for the visa. The interview process may include the following steps:

  1. Arrival: The foreign fiancé(e) will need to arrive at the consulate or embassy on the date and time of their scheduled interview. They will be asked to present their passport and will be required to pass through security.
  2. Interview: A consular officer will conduct the interview, which will usually last around 10-15 minutes. The consular officer will ask the foreign fiancé(e) questions about their qualifications, their intended marriage, and their plans in the United States. They will also check the foreign fiancé(e)’s documentation and make sure that the information they have provided is accurate.
  3. Decision: After the interview, the consular officer will make a decision on the application. If the foreign fiancé(e) is approved for the visa, they will be asked to pay the visa fee, and will be given instructions on how to collect their passport and visa. If the application is denied, the consular officer will explain the reason for the denial and will inform the foreign fiancé(e) of their right to appeal the decision.

What are the Required Documents for K-1 Visa?

The required documents for a K-1 visa application may vary depending on the specific circumstances of the case, but generally, the foreign fiancé(e) will need to provide the following documents:

  1. A valid passport: The foreign fiancé(e)’s passport must be valid for at least six months beyond the date they intend to enter the United States.
  2. A nonimmigrant visa application form: The foreign fiancé(e) will need to complete the online form DS-160, which is the nonimmigrant visa application form.
  3. A recent photograph: The foreign fiancé(e) will need to upload a recent passport-style photograph as part of their online application.
  4. A copy of the approved Form I-129F, Petition for Alien Fiancé(e): The U.S. citizen sponsor must file a Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS), and the foreign fiancé(e) must provide a copy of the approved petition.
  5. Proof of U.S. citizenship for the sponsor: The U.S. citizen sponsor will need to provide proof of U.S. citizenship, such as a birth certificate, U.S. passport, or naturalization certificate.
  6. Proof of the bona-fide nature of the engagement: The foreign fiancé(e) and the U.S. citizen sponsor will need to provide various forms of documentation that establish the legitimacy of the engagement, such as photographs, correspondence, joint bank account statements, and other documents that show the couple has a bona-fide relationship.
  7. Proof of the couple’s meeting in person within the past two years: The foreign fiancé(e) and the U.S. citizen sponsor will need to provide proof that they have met in person within the past two years, unless certain exceptions apply.
  8. Police certificates: The foreign fiancé(e) will need to provide police certificates from any country where they have lived for more than 6 months since age 16.
  9. Medical examination: The foreign fiancé(e) will need to schedule and attend a medical examination with a physician authorized by the U.S. embassy or consulate.

What is the K-1 Visa Fee?

The fee for a K-1 visa application is currently $535. This fee is subject to change, and it’s important to check the U.S Department of State website or the U.S. consulate or embassy where you plan to apply for the most up-to-date information.

What is the K-1 Processing Time?

The processing time for a K-1 visa application can vary depending on a number of factors, such as the volume of applications received by the U.S. consulate or embassy and the completeness of the application. However, typically it takes around 6 to 9 months to process K-1 visa applications, from the date the petition is filed by the U.S. citizen sponsor to the date of the interview at the U.S consulate.

K-1 Visa Frequently Asked Questions

Here are some frequently asked questions about the K-1 visa:

  1. What is the difference between a K-1 visa and a marriage-based visa? A K-1 visa is for the foreign fiancé(e) of a U.S. citizen, while a marriage-based visa is for the spouse of a U.S. citizen. The main difference is that the K-1 visa holder must marry the U.S. citizen sponsor within 90 days of entering the United States, while a spouse on a marriage-based visa is already married to the U.S. citizen sponsor.
  2. Can I work while on a K-1 visa? No, K-1 visa holders are not allowed to work until they apply and receive a work permit after they are married to the U.S citizen sponsor.
  3. Can I bring my children with me on a K-1 visa? Yes, K-1 visa holders can bring their minor, unmarried children, called K-2 visa holders, with them to the United States.
  4. Can I travel outside the United States while on a K-1 visa? Yes, K-1 visa holders can travel outside the United States, but they will need to obtain a reentry permit if they plan to leave and return to the United States before getting married.
  5. 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 a number of factors, such as the volume of applications received by the U.S. consulate or embassy and the completeness of the application. However, typically it takes around 6 to 9 months to process K-1 visa applications.