K1 Visa for Fiancé(e)

If you are a US citizen hoping to bring your foreign citizen fiancé(e) to the US with the intention of getting married, then you’ll need to apply for the K 1 fiancé(e) visa. A K 1 visa holder is able to visit the US with the intention and purpose of getting married.

After a successful K 1 visa application, your alien fiancé(e) will be able to visit and live with you in the US, as long as you fully intend to get married within the time frame that the visa is valid.

The K 1 fiancé visa is officially classified as a nonimmigrant visa, which essentially means that it is a temporary and short-term-based visa. The K 1 fiancé visa doesn’t permit the visa holder to stay longer than 90 days so foreign nationals applying to live permanently in the United States will need to apply for a full immigrant visa, such as a marriage green card, instead.

Immigration law states that if the K 1 visa holder doesn’t marry their U.S. citizen fiancé(e) in the 90-day time frame, they are legally required to depart the United States.

In order to apply for the fiancé(e) visa, it’s necessary that you as the US citizen sponsor and file an official K 1 visa petition for an alien fiancé(e). This will involve filing an official I-129F petition form with the USCIS (US Citizenship and Immigration Services) office in your area.

When approved, your fiancé(e) visa petition will then be sent to the NVC (National Visa Center), where your fiancé(e) will then need to file an official application and attend a face-to-face interview with a Consular Officer at their local US Embassy or Consulate.

Under US immigration law, there are a few different ways for U.S. citizens to file visa petitions for a foreign national spouse or fiancé(e) intending to immigrate to the country. A popular method is for U.S. citizens is to apply for a marriage visa and to then marry their fiancé(e) in a foreign country.

Foreign spouses of U.S. citizens benefit from immediate preference when it comes to applying for a green card and immigrating to the United States. However, depending on the circumstances, this isn’t always a possibility. For example, some countries forbid interfaith or same-sex marriages and therefore, marriage in the United States is the only way for a couple to legally wed.

To be eligible for this fiancé visa, you’ll need to be able to prove not only full eligibility but also your intention to get married within the 90 days afforded to you by the visa. Historically, the K 1 fiancé visa has been one of the easier visas to apply for and have approved.

However, there’s evidence that over the last few years the process has become stricter with fewer applications making it through successfully. Keeping that in mind, it’s a good idea to take a closer look at how you can best support your application with the right evidence before applying.

If you are already married, planning to marry outside the United States, or your foreign citizen fiancé(e) is already legally living in the United States, then you and your spouse/ fiancé(e) aren’t eligible for the K1 fiancé visa.

You may instead be able to apply for the K3 spousal visa, which also falls under the K visas category of family visas. Like the K 1 visa, the K3 foreign spouse visa is a temporary nonimmigrant visa that allows the visa holder to stay for up to two years in total. This fiancé visa is very specific in its purpose and, while it is quite a limited visa, it’s very clear in what it can and can’t be used for.

There are a few steps required for you to take in order to successfully apply for the K 1 fiancé visa. This will include you, the U.S. citizen, officially sponsoring your foreign partner by filing a K 1 visa petition to the US Citizenship and Immigration Services.

Next, the NVC will require your partner to make an official K 1 visa application and attend a visa interview at their local U.S. Embassy or Consulate. You’ll also be informed of the required documentation you’ll need to provide to support your application.

K 1 nonimmigrant visa applicants may also be eligible to bring dependent children with them under the K2 visa for K 1 dependents. If this is the case, they will follow a similar application process to the K 1 application process.

The K 1 visa is officially classified as a nonimmigrant visa. Despite this classification, this visa is still most often used as a method to obtain full immigration benefits as most K 1 visa holders come to the United States with the full intention of receiving a green card so that he or she can stay permanently in order to live and work in the US with their U.S. citizen spouse.

In order to obtain a marriage green card, visa applicants must apply for an official adjustment of status from a K 1 visa to a CR1 visa. It’s important to remember that the K 1 fiancé visa cannot be extended beyond the 90 days granted to get married. If you aren’t able to get married during this time, it will be illegal for you to stay beyond the 90-day period.

After you are married, your foreign spouse will need to apply for full permanent resident status by becoming a green card holder which will allow him or her to live permanently in the U.S. with you. This is an entirely separate process and you’ll need to again prove eligibility as you will need to meet a different set of criteria when applying to the Department of Homeland Security (DHS).

Luckily, once you have legally married, your foreign spouse through legal marriage will already have benefitted from meeting certain criteria which will make it easier to get a green card.

It is for this reason that the K 1 fiancé visa, while officially a nonimmigrant visa, is a very popular route for couples seeking full immigration status. Application for full resident status can be made in the U.S. after getting married. There is no need for the foreign spouse to return to their home country after their visa expires.

The K 1 visa is not for everyone. For instance, in some cases, a spousal visa might be more suitable or you might not quite meet the requirements necessary. However, you may be eligible to bring your foreign partner to the U.S. for intended marriage if you meet these requirements:

You are a US citizen. If you are someone who is not a U.S. citizen but who is living in the United States on a green card and has lawful permanent resident status, you won’t be eligible to apply or petition for the K 1 fiancé(e). If this is the case, however, you may be eligible to apply for the CR1 marriage visa instead. The CR1 visa categories allow you to petition for a green card for immediate alien relatives. However, this process can take up to two years or even longer.

You intend to marry within 90 days of your fiancé(e)’s admission into the United States as a K 1 visa holder. As the U.S. citizen sponsor, it’s your responsibility to convince both the USCIS and Consular Officers involved that you have a bona fide relationship with your partner and that you both fully intend to marry within 90 days of US entry. This process is to avoid fraudulent marriages with the sole purpose of immigration, and you may have your petition denied if you fail to convince that you have a valid relationship with your partner.

You are both legally free to marry in the United States. If you are petitioning for a K 1 visa and you have been married before to a previous spouse, you will need to provide proof that any prior marriages have been legally terminated. You will need to show proof of death, divorce, or annulment with evidence such as a divorce decree or death certificate in order to prove to the USCIS and Consular Officers that you are legally free to marry your new fiancé(e).

You have met your fiancé(e) at least once within the last two years. Engaged couples applying for the K 1 visa need to prove that they have met physically in person in the two-year period leading up to filing their visa petition. You don’t need to prove that you have known each other or been in a relationship for the last two years, only that you have physically met at least once in this period. Other meetings, such as over Skype or Zoom, will not count here. However, you might be able to request a waiver of this in-person meeting in special circumstances, such as if the meeting would violate the cultural traditions and customs of your fiancé’s country, or if the meeting would result in ‘extreme hardship’ for yourself.

You meet the necessary income requirements. A lot of visas focus on the foreign citizen’s financial ability to support themselves while staying in the United States. The K 1 visa, however, relies upon the US petitioner’s ability to provide the financial support both they and their fiancé(e) will need to live in the US. Fortunately, the K 1 visa income requirements are quite low. The petitioner, who filed form I-129F, will need to prove that you can both live above the poverty line on your current income. Your current income is calculated based upon your expected total income from all sources for the current year.

One of the first steps in applying for a K 1 visa is for the U.S. citizen fiancé(e) to petition for the sponsorship of their foreign partner. To do this, he or she will need to complete and submit Form I-129F (Petition for Alien Fiancé(e)). The purpose of this form is to demonstrate that the relationship between both partners is bona fide and genuine.

In addition to the completed form, the citizen fiancé(e) will need to submit the following required supporting documents as evidence:

• Proof of the petitioner’s citizenship (copy of a passport, certificate of naturalization, or a birth certificate)
• A copy of the U.S. citizen petitioner’s passport
• Evidence of a bona fide relationship (photos, correspondence, sworn statements from people who know the couple, etc.)
• Proof that you have met in person within the past 2 years (flight itineraries, hotel itineraries, photos, correspondence, etc.)
• Personal written statements from both partners about their relationship and intention to marry
• Color passport photos of each partner (taken within 30 days of when you submitted the petition)
• Proof that previous marriages are legally terminated such as a divorce or death certificates (if applicable)

After all of the required supporting documents have been collected, they may then be sent off to USCIS along with Form I-129F. The USCIS will then review the petition and send a decision on whether or not it is approved. If approved, the visa application will then be passed off to the National Visa Center who then forwards it to the local U.S. Embassy or Consulate of the foreign country where the foreign national fiancé(e) resides.

After the petition is approved, the application stage can then begin. The foreign partner will then receive a notice from their local U.S. Embassy or Consulate detailing the next steps of the K 1 visa application which will include completing the DS-160 Form online followed by a visa interview at their local U.S. Embassy or Consulate.

The DS-160 (Online Nonimmigrant Visa Application) Form is for temporary travel to the United States and can be completed online. Once you have completed and submitted this form online, make sure to print the confirmation page at the end as you will need to submit it later.

At the visa interview, the foreign partner will then be asked a series of questions by a consular officer about their background, plans to marry, their U.S. citizen partner, and their relationship. The purpose of this interview is to assess whether or not the relationship is bona fide. If the consular officer is satisfied that both the relationship and plans to marry are genuine, then the foreign fiancé(e) will then be issued a K 1 visa in their passport.

There are situations in which an applicant might find themselves automatically regarded as ineligible to apply for the K 1 fiancé(e) visa. Regardless of someone’s supposed visa eligibility, certain crimes will render an applicant unable to successfully apply.

For example, crimes such as drug trafficking, submission of fraudulent documents, and overstaying prior visas will all make you ineligible for a new K visa petition. If you are found to be ineligible for the K1 visa, you’ll be contacted by a Consular Officer and advised on the possibility of seeking a waiver for the ineligibility.

You can visit the Bureau of Consular Affairs website at travel.state.gov for a full and complete list of all applicable ineligibilities. The waiver process can be long and complex, but we can provide expert advice here at the Immigration Advice Service that can shed light and clarity on the situation.

It’s also worth noting that the K 1 visa is very specifically only appropriate for engaged couples with a bona fide relationship who are fully intending to have a valid marriage ceremony in the U.S. within 90 days of admission into the country.

This will rule out couples who are only considering getting married in the U.S. during the visa’s validity as a possibility. You’ll need to provide proof, not just of your engagement, but also of your intended marriage in the United States.

Evidence such as letters to one another discussing wedding plans and announcements sent to friends and loved ones can help to prove to the USCIS that you truly plan to get married. For these reasons, some of the best pieces of evidence you can submit as part of your application are documents that prove you have set wedding plans, such as a date or venue booked.

Evidence of having rented a venue, hired a photographer or organized catering for your wedding are excellent for proving to immigration officials the validity of your marriage.

Of course, planning a wedding date and making arrangements can be difficult to do if you are waiting on the processing and approval of your visa. However, it’s recommended that you show some evidence of your plans being put into place if possible.

Staying and living with your fiancé(e) in the U.S. while the K 1 visa is valid. When you successfully apply for the fiancé visa and enter the United States, you’ll have a 90-day period in which to get married. During this time, you are free to live in the United States with your U.S. citizen fiancé(e). You can move and travel across the US with your partner while there and can choose to get married anywhere in the United States.

Applying for an Employment Authorization Document. To start this process, you must be married and in the United States before applying. This will require you to apply for a document called Form I-765 which usually takes around 2 months to process. You can not work while the work authorization document is being processed. Only when your application has been fully processed and approved will you be able to begin working.

Applying for full permanent resident status after getting married. You are free to apply to become a full green card holder while staying in the US on the K 1 visa, and you can do so without having to return to your home country. This is called adjustment of status. However, you cannot do so until you are married, and you’ll need to prove eligibility against a different set of criteria. Fortunately, foreign spouses of U.S. citizens benefit from having preference by the Department of Homeland Security when applying for green cards, so you will likely find it much easier to gain full immigration status.

Bringing dependents with you to the US. The U.S. citizen who filed the initial petition does not have to file a separate form I-129F petition for each dependent, but any dependents hoping to travel with the K 1 visa holder to the U.S. must be mentioned and listed on the initial petition. These dependents fit under the K visa category as K2 visa holders, and applicants must be unmarried minors under 21 years old and the children of an approved K 1 applicant. They’ll also need to undergo a medical examination and attend the embassy interview with a Consular Officer.

While this fiancé(e) visa is a particularly popular route for intending immigrants to join their U.S. citizen fiancé(e) in the US, it is officially classified as a nonimmigrant visa. This means that it’s only designed for temporary stays in the U.S. and doesn’t grant full immigrant status. Because of this, there are certain restrictions as to what a K 1 visa holder can do while their visa is valid. Some of the things you can’t do include:

Visiting the US more than once. It’s best to avoid leaving the United States on a K 1 fiancé(e) visa as they are only valid for a single entry within a 6-month period. Upon arrival, the visa grants 90 days in which to get married. If the visa has already been used to enter the United States and the foreign fiancé(e) has then returned abroad before marriage, you’ll need to petition a Consular Officer in order to have a new K 1 visa issuance. This is only possible if the period of validity doesn’t surpass the 90-day period granted by the initial entry of the alien fiancé(e) into the United States. You must both still be free and intending to marry, and the foreign fiancé(e)’s return to the US must occur within 90 days of the original admission. The K 1 visa is a nonimmigrant and single-entry visa, so you categorically cannot leave the United States and then re-enter on the same K 1 visa.

Working in the US before you are married and have an approved Employment Authorization Document. You are free to apply for the EAD by filling in form I-765, but it usually takes around 2 months to get the EAD, and you can’t legally work while waiting for approval. Under the K 1 visa, your work permit can only be valid for the 90-day period after entry into the United States. It’s also worth remembering that you won’t be able to get the EAD until you are married, which means that, while you can officially work for the full 90 days after entering the U.S. on a K 1 visa, you can’t apply until after you have married and even then it typically takes 2 months to process. This means that realistically there’s not a lot of available time in which you can legally work in the 90-day K 1 visa validity. However, because the K1 visa is conventionally a step towards an adjustment of status with a green card and full immigrant status, an alien fiancé(e) can choose to instead apply for work authorization at the same time as applying for permanent resident status, in which case the work authorization will be valid for one year instead.

Marrying someone other than the person who petitioned you to visit the United States. If engaged couples using a K 1 visa to get married in the U.S. break up or choose not to get married for any reason, the foreign fiancé(e) visiting the U.S. won’t be able to marry anyone else while in the country. If this happens, they’ll have to leave the United States within the 90-day period of the K 1 visa’s validity. Then, if they have a new fiancé(e) and wish to re-enter the US for a wedding ceremony, they’ll have to re-apply for a new K 1 visa.

The fees involved with successfully applying for a K1 fiancé(e) visa are relatively straightforward. However, it’s worth noting that the costs will be higher if your foreign fiancé(e) wants to seek an adjustment of status and permanent resident status.

If you want to apply for a K 1 visa, you will need to pay the following fees:

• Filing a K 1 visa fiancé(e) petition (Form I-129F): $535
• Consulate fee for non-immigrant visa application processing: $265

Filing a K1 visa fiancé(e) petition as form I-129F ($535). This is the fee you’ll need to pay in order to get your application started with your petition. This payment is made alongside form I-129F in the initial filing of your fiancé(e) visa petition.

Consulate fee for non-immigrant visa application processing ($265). This embassy fee is paid nearer the end of the visa application process. This fee will need to be paid directly to whichever US embassy that your foreign fiancé’s visa interview takes place.

Once you have filed your K visa petition through the form I-129F file, the K1 visa usually takes around 5-7 months to be processed. If approved, the petition is sent to an embassy in the applicant’s home country for further processing.

The time this takes can vary and will often depend on the strength of the evidence you have included in your application. If fully approved, the applicant will be invited to an official interview. This will likely take place at the nearest official US embassy.

The immigration official may ask the visa applicant for further evidence of the relationship between you and your full reasons for getting married.