K-1 Fiancé Visas

The K-1 fiancé visa is a non-immigrant visa. They are for foreign nationals engaged to marry U.S. citizens. Your fiancé must enter the United States to perform the marriage. The K-1 visa basically gives your fiancé permission to enter the country legally for this purpose.

If you’re looking to marry someone from another country, talk to an immigration lawyer. The K-1 process and other immigration laws can change at any time. An experienced immigration attorney can tell you how a K-1 fiancé visa works and start the process.

Fiancé Visa Basics

Suppose someone is in a foreign country and wants to travel to the U.S. to marry their American partner. In that case, they need to apply for a K-1 non-immigrant fiancé visa while still in their home country.

Once they get the visa, 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.

Conditions To Qualify for a Fiancé Visa

A fiancé(e) visa has certain conditions:

• A U.S. citizen and foreign fiancé must have met in person in the last two years (with limited exceptions)
• They must marry within 90 days of the fiancé’s entry into the country
• A foreign fiancé must be admitted to the United States as a K-1 visa holder
• The marriage must be bona fide, with a legitimate desire to establish a life together

This article explains the K-1 visa application process for the fiancé of a U.S. citizen and how to find help.

Who Is a Fiancé Under Immigration Laws?

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, a U.S. citizen must complete the procedures and petition on their partner’s behalf.

How Do You Apply for a K-1 Fiancé Visa?

There are several steps for foreign nationals to obtain K-1 non-immigrant visas. Here’s a summary:

• A U.S. citizen petitioner or sponsor must complete Form I-129F Petition for Alien Fiancé and submit the application by mail to the designated USCIS Lockbox facility (or file online, if eligible).
• If USCIS approves the petition for an alien fiancé, it will notify the National Visa Center (NVC). There, they will set a case number. NVC sends the U.S. visa petition to the U.S. embassy or consulate in your fiancé’s home country.
• Once your fiancé receives the NVC notification, they must go to the U.S. consulate or embassy in their home country. There, they must apply for the K-1 visa on the day and time assigned for the visa interview.
• If the interview goes well and your fiancé provides the proper documents, they will receive a K-1 visa and can travel to the U.S.

What Documents Are Needed for a K-1 Fiancé Visa?

K-1 visa applicants (and any children) must bring the following documents to an interview with a consular officer:

• Form DS-160: This is the non-immigrant visa application. Your fiancé and their children must complete Form DS-160.
• Valid passport: Any passport can’t be set to expire within the next six months unless your foreign fiancé’s country of origin is on the list of exceptions to this rule.
• Divorce or death certificates: If your fiancé had a previous marriage, they need to show that they aren’t engaged to someone else.
• Criminal record letter: They must provide documentation from their country of nationality, their country of current residence (if they have lived there for 6 months or more), and all countries they lived in for 6 months or more (from age 16 onwards).
• Results of a medical examination: The medical exam proves that your fiancé does not pose a public health threat in the U.S.
• Evidence of financial support: Whether from the fiancé, sponsor, or both, this will show that your fiancé will not be a public charge to the United States. Immigration officers also request an affidavit of support using Form I-134.
• Two photographs: These should be made according to the required format for providing photographic evidence of identity.
• Evidence of their relationship: Your fiancé must prove their relationship with you and that it’s a valid relationship—not just an attempt to immigrate to America.

How To Apply for Permanent Residence After a Fiancé Visa

If your fiancé was admitted to the U.S. on a K-1 nonimmigrant visa, and you’ve already gotten married, your now-spouse and you, as their U.S. citizen sponsor, can jointly petition for an adjustment of status. Filing Form I-485 with USCIS is the first step to getting a lawful permanent resident card, also known as a green card.

As a new spouse, they will receive conditional permanent residence. After two years, they can apply for full permanent residence. Permanent residency status allows them to work in the U.S. Later and with other required documents, they can apply for citizenship by naturalization.

Do I Need a Lawyer for a K-1 Visa?

An immigration attorney can help you with the K-1 visa application process and review your forms and documents to avoid mistakes. However, no law requires hiring a lawyer to apply for a visa.

Delays in fiancée and relative visas are typically due to procedural errors. A lawyer who knows immigration law can explain the eligibility requirements and ensure you are up to date with changes to the visa process rules. An immigration lawyer can give you legal advice to help you bring your loved ones to the U.S.