The K-1 Fiancé(e) Visa allows US citizens to bring their foreign fiancés to the United States to marry. This visa allows your fiancé(e) to enter the country temporarily for the primary purpose of marrying.

K1 Visa

If you are engaged to a US citizen and intend to marry in the United States, the K1 visa, commonly known as the fiancé(e) visa, helps you make your dream come true. This visa allows a foreign fiancé(e) to enter the United States and marry their spouse within 90 days of arrival.

Eligibility Requirements

• U.S. Citizen Petitioner: You must be a US citizen.
• Foreign Fiancé(e): Your fiancé(e) must be a foreign citizen.
• Intention to Marry: You both must intend to marry within 90 days of your fiancé(e)’s arrival in the U.S.
• Meeting in Person: You must have met in person within the past two years unless the requirement is waived due to cultural or foreign policy obstacles.

K1 Visa Process

• Petition Filing (Form I-129F): You, the US citizen, must submit Form I-129F, Petition for Alien Fiancé(e), to US Citizenship and Immigration Services (USCIS). This form asks for extensive information about your relationship, such as how you met, your marriage intentions, and proof of your partnership’s legitimacy.
• USCIS Review and Approval: USCIS will review your petition. If accepted, they notify the National Visa Center (NVC).
• NVC Processing: The NVC sends your case file to the United States embassy or consulate in your fiancé(e)’s home country.
• Consular Processing: Your fiancé(e) schedules a visa interview with the US embassy or consulate. You will need to present supporting documentation such as police certifications, medical examinations, and proof of financial assistance.
• Visa Issuance (or Denial): If the interview is successful, the visa will be granted. If refused, you may be able to reapply after resolving the reasons for the refusal.

After visa issuance, your fiancé(e) can enter the U.S. within 90 days, and you must marry within 90 days of their arrival. After marriage, you can apply for a green card. The entire K1 visa process typically takes 8 to 12 months, but it may vary depending on USCIS backlogs and the embassy’s processing time.

Frequently Asked Questions and Answers About K1 Visa

1. What is a K-1 Fiancé(e) Visa?

The K-1 Fiancé(e) Visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States to marry within 90 days. 

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

Eligible applicants for the visa include U.S. citizens, foreign fiancés, those intending to marry within 90 days of each other’s arrival, and those who have met in person within the past two years.

3. What are the main steps in the K-1 Visa process?

• Petition Filing (Form I-129F): You file a petition with USCIS.
• USCIS Review and Approval: USCIS reviews and approves (or denies) your petition.
• NVC Processing: The National Visa Center processes your case. 
• Consular Processing: Your fiancé(e) attends an interview at a U.S. embassy/consulate. 
• Visa Issuance (or Denial): The U.S. will issue the visa (if approved), and your fiancé(e) will enter the U.S.

4. What happens after my fiancé(e) enters the U.S. on a K-1 Visa?

Marriage must occur within 90 days, and after marriage, you must file Form I-485 to change your spouse’s status to a lawful permanent resident (green card holder).

5. What documents are typically required?

Petition filing (I-129F) requires evidence of relationship, financial support, and police certificates, while for the consular processing, you will need a medical examination, police certificates, and other necessary documents.

6. How long does the K-1 Visa process take?

Processing times can vary significantly.

7. What are the fees associated with the K-1 Visa?

There are fees for filing the petition, for consular processing, and for adjusting status after marriage. 

8. Do I need an immigration attorney?

It is highly recommended to consult with an immigration attorney to ensure a smooth and successful application process.

Conclusion

The visa process involves fees, time, and meticulous documentation, with legal assistance from an immigration attorney potentially increasing the chances of success. K1 visa denials often occur due to lack of evidence, failure to meet in-person requirements, incomplete or inaccurate application forms, and criminal history.