A K-1 visa is a nonimmigrant visa category that allows the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. It is also known as the “Fiancé(e) Visa.” The K-1 visa is designed to enable U.S. citizens and their foreign fiancé(e)s to meet in person, plan their wedding, and marry within 90 days of the foreign fiancé(e)’s arrival in the United States.
Here are some key points about the K-1 visa process:
- Eligibility: To apply for a K-1 visa, the petitioner (U.S. citizen) must be legally eligible to marry, and both the petitioner and the foreign fiancé(e) must have genuine intent to marry each other. They must also have met in person at least once within the two years preceding the visa application, with some limited exceptions.
- Petition: The U.S. citizen petitioner files a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, it is sent to the U.S. embassy or consulate where the foreign fiancé(e) resides.
- Visa Application: The foreign fiancé(e) must apply for the K-1 visa at the U.S. embassy or consulate and undergo a medical examination and interview. They will need to provide various supporting documents, including evidence of the relationship and the approved I-129F petition.
- Visa Issuance: If the visa application is approved, the foreign fiancé(e) is issued a K-1 visa in their passport, which allows them to travel to the United States.
- Entry and Marriage: Once in the United States, the foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days of entry. After the marriage takes place, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
- Conditional Green Card: Initially, the foreign spouse receives a conditional green card valid for two years. After two years of marriage, the couple must jointly apply to remove the conditions on the foreign spouse’s green card to establish their bona fide marriage.
How to Apply For a K-1 Visa?
- Applying for a K-1 visa involves several steps, and both the U.S. citizen petitioner and the foreign fiancé(e) must follow these steps carefully. Here’s a general overview of the K-1 visa application process:
- Determine ElaThe couple must have met in person at least once within the two years preceding the visa application, with some limited exceptions.
U.S. Citizen Petitioner’s Role:
- The U.S. citizen petitioner initiates the process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form serves as a request for the K-1 visa.
USCIS Processing:
- USCIS will review the I-129F petition, and if approved, they will send it to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
Foreign Fiancé(e)’s Role:
- After USCIS approves the petition, the foreign fiancé(e) can apply for the K-1 visa at the U.S. embassy or consulate in their home country.
- They will need to complete the DS-160 Online Nonimmigrant Visa Application and pay the visa application fee.
- Undergo a medical examination by an approved panel physician.
- Attend a visa interview at the U.S. embassy or consulate. During the interview, they should bring the required documents, including the approved Form I-129F petition and supporting evidence of the relationship.
Visa Approval:
- If the visa application is approved, the foreign fiancé(e) will be issued a K-1 visa, which allows them to travel to the United States.
Travel to the U.S.:
- Once the K-1 visa is issued, the foreign fiancé(e) can travel to the United States.
Marriage:
- After arriving in the United States, the foreign fiancé(e) and the U.S. citizen petitioner must marry within 90 days. Failure to do so may result in the foreign fiancé(e) having to leave the U.S.
Adjustment of Status:
- After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
- This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with other required documents.
Conditional Green Card:
- Initially, the foreign spouse receives a conditional green card valid for two years. After two years of marriage, the couple must jointly apply to remove the conditions on the foreign spouse’s green card.
