A K-1 visa, commonly known as the fiancé visa, allows the foreign fiancé of a U.S. citizen to enter the United States to get married. The couple must marry within 90 days of the fiancé’s arrival. Below is a summarized guide to the K-1 visa process:
1. Determine Eligibility
Ensure you meet the following eligibility requirements:
- One partner must be a U.S. citizen (not a green card holder).
- Both partners must be legally free to marry.
- The couple must have met in person within the last two years (with limited exceptions for cultural or hardship reasons).
- The marriage must occur within 90 days of the fiancé’s entry into the U.S.
2. File Form I-129F (Petition for Alien Fiancé)
The U.S. citizen must:
- Complete and submit Form I-129F to U.S. Citizenship and Immigration Services (USCIS).
- Include supporting documents, such as proof of U.S. citizenship, evidence of the relationship (photos, communication records), and statements of intent to marry.
- Pay the required filing fee.
3. Wait for USCIS Approval
USCIS reviews the petition and, if approved, forwards it to the National Visa Center (NVC).
- The NVC assigns a case number and forwards the petition to the U.S. embassy or consulate in the fiancé’s home country.
4. Apply for the K-1 Visa
The foreign fiancé will:
- Complete Form DS-160 (Online Nonimmigrant Visa Application).
- Pay the K-1 visa application fee.
- Schedule and attend a medical examination with a designated physician.
- Gather required documents, such as a valid passport, birth certificate, police certificates, and evidence of the relationship.
5. Attend the Visa Interview
The foreign fiancé must attend an interview at the U.S. embassy or consulate. During the interview:
- The consular officer will verify the relationship’s authenticity and ensure all requirements are met.
- Additional documents or clarifications may be requested.
6. Receive Visa Decision
- Approval: The K-1 visa will be issued, allowing the fiancé to travel to the U.S.
- Denial: If denied, options for appeal or reapplication depend on the reasons provided.
7. Travel to the United States
Once the K-1 visa is approved, the fiancé can enter the U.S. The couple must:
- Get married within 90 days of arrival.
- File for adjustment of status (Form I-485) to obtain a green card after marriage.
Additional Considerations
- Children of the Fiancé: Eligible children can apply for K-2 visas.
- Proof of Financial Support: The U.S. citizen must submit Form I-134 (Affidavit of Support) to demonstrate financial ability to support the fiancé.
- Background Checks: Both partners may undergo extensive background checks.
- Marriage Timeline: Failing to marry within 90 days requires the fiancé to leave the U.S.
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