K1 Fiance Visa
(Nonimmigrant visa for fiance of a U.S. citizen)

K-1 Visa Details:

The K1 fiance visa is a non-immigrant visa available to foreign nationals who would like to marry U.S. citizens and stay permanently in the United States. A K-1 status applicant can apply for an employment authorization by filing Form I-765. The applicant’s unmarried children (below age 21) can also accompany him/her to the USA on the K2 dependent visa. (For additional information, see our K-2 visa section)

Normally, a K1 visa has a shorter waiting period compared to marriage-based petitions (See our Green Card through Marriage page). The processing time varies according to each individual’s situations. Generally, it takes approximately 30 to 120 days to process a K-1 fiance/fiancee visa.

Requirements for the K-1 Visa:

As a fiance of an American citizen you are eligible for the K1 fiance visa if you are:

• Lawfully qualified to marry under the laws of your nation as well as the laws of the USA
• Planning to marry the petitioning U.S. citizen within 90 days of your entering
• Entering the U.S. solely to marry the U.S. citizen

Limitations of K1 fiance Visa:

A K-1 status holder is not allowed to change or adjust to any other nonimmigrant visa status while he or she is in the U.S. Besides, fiances can not use their K-1 visas to enter the country if they have been temporarily barred from entering into the U.S. for previous violation of US immigration law.

Duration of Stay:

The K-1 fiance visa has generally a validity of 180 days. The applicant must enter the USA before the ending date shown on the visa. Once the K-1 visa holders reached the U.S., they have 90-day time to get married or they have to return to their home country. In any circumstance, U.S. immigration law does not allow them to extend their 90 day limit.

After the marriage, the K1 holder is required to apply to adjust to residency status. Remember that a K-1 fiance would first usually get a 2-year conditional residency and would have to file additional paperwork later for the residence conditions to be lifted.

Application Procedure:

K-1 application procedures involve mainly two steps 1. Filing the K-1 fiance Visa Petition, and 2. Applying for the Visa at a U.S. Consulate

1. Filing the K-1 fiance Visa Petition:

To apply for K1 fiance visa, a petition must be submitted by your U.S. citizen fiance to the USCIS along with the following documents:

• Form I-129F (Petition for Alien Fiance). If you have minor children who are eligible to accompany you, then you must enter their details on this form
• Proof of U.S. citizenship, examples include U.S. passport, original U.S. birth certificate, Certificate of Citizenship or Certificate of Naturalization
• Form G-325A (Biographic Data Sheets). Two forms are needed; one for you and one for your fiance
  Photographs of you and your fiance
• Copies of any death certificates, divorce decrees, or annulment decrees if either you or your fiance have been married before
• Evidence of approval to marry if you or your fiance are subject to any age restrictions

2. Applying for the Visa at a U.S. Consulate:

After approving your K-1 petition by the USCIS, you are required to apply for the K1 visa at the U.S. Consulate. The petition is generally valid for a four-month time from the date of USCIS approval notice. As a part of your K1 visa application, you must submit the following documents:

• A valid passport
• Photographs
• Copy of your birth certificate
• Copies of any divorce decrees, death certificates, or annulment decrees if either of you have been married before
• Police certificate from all places where you have lived since age 16
• Medical examination result
• Proof that your fiance will support you
• Proof of valid relationship with your U.S. citizen fiance