K-1 Visa Eligibility and Requirements

1. What is a K-1 visa?


A K-1 visa is a nonimmigrant visa issued by the U.S. government that allows foreign citizens to enter the United States to marry a U.S. citizen. The visa is valid for 90 days, and the couple must get married within that time frame or the visa will expire. Once married, the foreign citizen may apply for permanent residency in the United States.

2. Who is eligible for a K-1 visa?


A K-1 visa is reserved for a foreign-citizen fiancé(e) of a United States (U.S.) citizen. The U.S. citizen petitioner must file an immigrant visa petition, Form I-129F, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of their foreign-citizen fiancé(e). The petition must be filed in the U.S., and the foreign-citizen fiancé(e) must be physically present in their home country when the visa petition is filed.

3. How long does a K-1 visa last?


A K-1 visa is valid for a maximum of six months. After that time, the foreign fiancé(e) must either marry the U.S. citizen sponsor and apply for an adjustment of status to become a lawful permanent resident, or depart the United States.

4. What documents do I need to apply for a K-1 visa?


The documents you will need to apply for a K-1 visa include:
* A valid passport
* A completed Form DS-156, Nonimmigrant Visa Application
* A completed Form DS-156K, Fiancé(e) Visa Application
* A passport-style photo of the applicant
* A copy of the birth certificate of the applicant
* Evidence of termination of any prior marriages of either party
* Evidence of financial support (Form I-134, Affidavit of Support)
* Evidence of a valid relationship between the applicant and the petitioner (e.g., photos, emails, letters, etc.)
* An approved Form I-129F, Petition for Alien Fiancé(e) from USCIS
* Medical examination results
* Police certificate from the applicant’s current country of residence and all countries in which the applicant has lived for six months or more since age 16
* Evidence that both parties have met in person within two years before filing the petition

5. How long does the K-1 visa application process take?


The K-1 visa application process can take anywhere from six months to a year to complete.

6. Do I need to be interviewed for a K-1 visa?


Yes, you will need to be interviewed for a K-1 visa. The interview is conducted by a U.S. consular officer and is an important part of the process. The interview is done to confirm the legitimacy of the relationship and to ensure that all information provided in the application is accurate.

7. How much does a K-1 visa cost?


The filing fee for a K-1 visa is $535. This does not include fees for medical examinations, translation costs, and other expenses associated with the visa application process.

8. Does my fiancé(e) have to attend an interview when applying for a K-1 visa?


Yes, your fiancé(e) will have to attend an interview as part of the application process for a K-1 visa. The interview will be conducted by a consular officer at the U.S. embassy or consulate in the country where your fiancé(e) is applying from. The purpose of the interview is to ensure that the relationship between you and your fiancé(e) is genuine and that your fiancé(e) is not inadmissible to the United States.

9. Is it possible for my fiancé(e) to adjust their status to a permanent resident while in the U.S. on a K-1 visa?


Yes, it is possible for your fiancé(e) to adjust their status to a permanent resident while in the U.S. on a K-1 visa. They must file Form I-485, Application to Register Permanent Residence or Adjust Status, and follow all other steps outlined in the process.

10. Can my children be included on my own K-1 visa application?


No. Each child needs to apply for their own K-1 visa.

11. What are the restrictions of a K-1 visa?


The restrictions of a K-1 visa are that you must marry your U.S. citizen fiancé within 90 days of entering the U.S., and you can only remain in the country with a K-1 visa for a maximum of 90 days. Additionally, you cannot have more than one valid K-1 visa at any given time, and you must leave the U.S. upon the expiration of your K-1 visa.

12. Are there any additional requirements for members of the U.S. military who are applying for a K-1 visa?


Yes, members of the U.S. military are subject to additional requirements when applying for a K-1 visa. They must obtain an approved waiver from the Secretary of Defense or the Secretary of Homeland Security before applying for a K-1 visa. Additionally, they must provide evidence that they have been honorably discharged from their branch of service or that they are currently in an active duty status.

13. Are there any additional fees associated with a K-1 visa application?


Yes, there are additional fees associated with a K-1 visa application. These fees include an Immigrant Visa Application Processing Fee, Affidavit of Support Fee, and a SEVIS I-901 Fee. Additionally, the U.S. Embassy or Consulate may charge a visa issuance fee.

14. How do I check the status of my K-1 visa application?


You can check the status of your K-1 visa application by logging into the U.S. Department of State’s Consular Electronic Application Center (CEAC) website and selecting the option to “Check Status.” You will need to provide the case number associated with your application in order to check its status. Additionally, you may be able to call the National Visa Center (NVC) and obtain information regarding the status of your application.

15. What if my fiancé(e) is inadmissible to the U.S.?


If your fiancé(e) is inadmissible to the U.S., you will need to apply for a waiver of inadmissibility. In this case, you will need to submit an I-601 waiver application and provide evidence of extreme hardship that would fall on you in the event that your fiancé(e) is not admitted to the U.S. The application process can be lengthy and complex, so it is important that you consult with an experienced attorney for assistance.

16. Is it possible to extend or renew a K-1 visa?


No, K-1 visas cannot be extended or renewed. If a person needs to stay in the United States after the K-1 visa expires, they must apply for another K-1 visa or a different type of visa.

17. Is it possible for me and my fiancé(e) to travel together while on a K-1 visa?


Yes, it is possible to travel together while on a K-1 visa. However, it is important to keep in mind that the K-1 visa is only valid for a single entry into the United States. If you leave the country after being admitted on your K-1 visa, you will need to obtain a new visa before re-entering the United States.

18. Is there any way to expedite processing of my K-1 visa application?


Unfortunately, there is no way to expedite the processing of a K-1 visa application, as processing times vary from case to case and are dependent on a variety of factors. However, you can take some steps to ensure that your application is complete and accurate before submitting it to the U.S. Embassy or Consulate, which may help to reduce processing time. Additionally, the USCIS website provides regular updates on processing times for different types of visas.

19. What happens when my fiancé(e) arrives in the U.S.?


When your fiancé(e) arrives in the U.S., they will be able to apply for a 90-day nonimmigrant visa, commonly referred to as a K-1 visa. With this visa, the fiancé(e) can legally enter and remain in the U.S. for 90 days. The couple must marry within this 90-day period in order for your fiancé(e)’s status to change from nonimmigrant to immigrant. You and your fiancé(e) will then need to file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) in order to adjust your fiancé(e)’s status to lawful permanent resident.

20. Is it possible to change from a K-1 visa to another type of nonimmigrant visa once in the U.S.?


Yes, it is possible to change from a K-1 visa to another type of nonimmigrant visa once in the U.S. However, it is important to note that the process is complex and involves filing multiple petitions and applications, as well as obtaining approval from U.S. Citizenship and Immigration Services (USCIS). Therefore, it is highly recommended to consult an immigration attorney for assistance and guidance.