The K-1 fiancé visa is a non-immigrant visa. They are for foreign nationals who are engaged to marry U.S. citizens.
Your fiancé needs to enter the United States to perform the marriage. In other words, the K-1 visa basically gives your fiancé permission to legally enter the country for this purpose.
In the United States, there are immigrant visas and non-immigrant visas. The purposes of these two visa classifications are different.
Suppose a person is in a foreign country and wants to travel to the U.S. to meet their partner to get married. In that case, they need to apply for a K-1 non-immigrant fiancé visa in their home country.
Once that visa is granted, they must travel to the U.S. and marry within 90 days. After this process, the new foreign spouse can adjust their status to obtain permanent residence.
Certain conditions must be met to receive a fiancé visa:
In this article, we will explain the process for applying for a K-1 visa for the fiancé of a U.S. citizen and how to find help.
Under U.S. immigration laws, a fiancé or fiancée is a foreign citizen with an approved K-1 non-immigrant visa to enter the country and marry a United States citizen.
To obtain a K-1 fiancé visa, the U.S. citizen must complete the procedures and petition on their partner’s behalf.
Once your foreign fiancé enters the country, you must perform a marriage following United States laws.
Several steps must be followed for a foreign national to obtain a K-1 non-immigrant visa. Here’s a summary:
The K-1 visa applicant (and any of their children) must bring the following documents with them to the interview with the immigration officer:
The K-1 visa is approved at the United States embassy or consulate in the country where your fiancé resides.
Your fiancé will also receive a sealed envelope with documents. These can only be reviewed by U.S. Customs and Border Protection (CBP) officers at the port of entry on the day they arrive in the U.S.
CBP is a government office that is part of the Department of Homeland Security. It is responsible for protecting the nation and works with immigration services.
Any children will also receive their K-2 visas in their passports. They can travel together with your fiancé or alone on another occasion.
It is essential to know that the K-1 visa is only valid for one entry to the U.S. Once the fiancé is legally in U.S. territory, they must marry within 90 days.
If you were admitted to the U.S. on a K-1 fiance visa, and you have already gotten married, then you and your sponsor can jointly petition for adjustment of status.
First, as a new spouse, you will receive a conditional permanent residence. After two years, you can apply for permanent residence by removing the conditions of the green card by marriage.
Later, you can apply for citizenship by naturalization with other required documents.
The K-1 visa is not an immigrant visa (just like the K-2 visa for your children) and is only valid for 90 days. The days are counted from your admission to the United States.
There are many reasons why marriage may be impossible. However, failing to marry within 90 days would violate U.S. immigration laws and could lead to deportation.
But if you marry after 90 days, it is still possible to keep your immigration rights by marriage. To do this, the U.S. citizen spouse must file Form I-130 Petition for a Foreign Relative to bring their foreign spouse to live in the United States.
An immigration attorney can help you with the K-1 visa application process and review your forms and documents to avoid mistakes. However, in the United States, no law requires hiring a lawyer to apply for a visa.
However, when there is a delay in visas of fiancées and relatives, it is typically due to procedural errors. In addition, the process is overwhelming for many people.
An attorney who knows immigration law:
If you are in doubt as to whether to seek the legal services of an experienced K-1 visa attorney, you may request a consultation. Most law firms offer a free first appointment.
When it comes to immigration and whether you can live and work where you want, every detail matters. When the slightest paperwork error or missed deadline can mean years of delays, it is essential to do things right the first time. An experienced immigration lawyer can address your particular needs with k-1 fiancé visa, and put you in the best position for a positive outcome. Take the first step now and contact a local immigration attorney to discuss your rights and specific situation.