K-1 Fiance Visa |Compassionate, Dedicated, Bilingual Law Firm

Individuals who wish to bring their foreign-born fiancé to the United States can do so through the k-1 fiance visa process. These nonimmigrant visas are offered through United States Citizenship and Immigration Services (USCIS), and U.S. citizens can begin this process by filing a Form I-129F: Petition for Alien Fiancé. An experienced immigration lawyer can assist you in petitioning for this visa for your fiancé.

What Is the K-1 Fiancé Visa?

The K-1 fiancé visa is a document that permits the foreign fiancé of a U.S. citizen to travel to the U.S. Individuals admitted into the U.S. on a K-1 visa must marry their citizen fiancé within 90 days to remain in the country and to have the right to apply for lawful permanent resident status, which is signified by the issuance of a document known as a green card.

The K-1 Visa Process

In order to petition for a K-1 fiancé visa, the petitioner (the U.S. citizen who wishes to bring their foreign fiancé to the U.S.) must first ensure that they and their fiancé are eligible to obtain a visa through this process. Eligibility requirements include:

The petitioner is a U.S. citizen.
The petitioner and their fiancé intend to marry within 90 days.
The couple truly intends to marry for the purpose of building a life together and not for immigration purposes.
Both the petitioner and their fiancé are legally free to marry each other in the United States.
The petitioner and their fiancé have met at least once within a two-year period of time before filing the petition unless the petitioner can prove that meeting one another would violate long-established customs of the fiancé’s foreign culture or customs or result in extreme hardship for the petitioner.

If the foreign fiancé has children under the age of 21, a petition can be made for K-2 visas upon the approval of their parent’s K-1.

The visa process begins when the petitioner submits Form I-129F. The case will be sent to the U.S. Embassy or Consulate where the foreign fiancé resides. Interviews may be conducted with both parties in order to go over required documents and to ask for further information of the petitioner and their fiancé in order to determine the validity of the petition and whether the petitioner has met the requirements to grant the K-1 fiancé visa.

Key Documents Needed for a K-1 Fiancé Visa

In order to obtain a K-1 visa, the applicant will have to show:

Form DS-160: Online Nonimmigrant Visa Application for the fiancé as well as for any minor children for whom the petitioner is seeking a K-2 visa
Passport(s) for the fiancé (and any children) that is valid for travel to the U.S.
Birth certificate(s)
Divorce or death certificates for previous spouses (if applicable) to prove that the fiancé is free to marry
Police certificates showing that the applicant has not been found guilty of crimes that would prevent them from coming to the U.S. on a visa
Proof of a medical examination that reveals the applicant has had their required vaccinations for entry into the U.S.
Proof of a relationship
Two 2×2 inch photos of the fiancé (and any children)

Additionally, the petitioner must provide evidence that they are able to financially support their foreign fiancé by completing Form I-134: Affidavit of Support.

What Happens After a K-1 Visa Approval?

When the K-1 visa is approved, the sealed packet of visa contents will be delivered to the petitioner’s foreign fiancé, and they will be permitted to travel to the United States in order to marry within 90 days.

Hiring a K-1 Visa Lawyer

An experienced immigration lawyer can help you prepare the documents needed for K-1 visa approval as well as offer guidance and services if the petition is denied or other issues are encountered during the process. Contact an immigration lawyer today for more information.

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FAQ

How long does it take for a K-1 visa to be approved?

The time for approval of the visa can vary, depending on factors such as whether the petitioner submitted the required information or if there is a need for further administrative processes after the U.S. Embassy or Consulate has conducted its initial interview.

What happens if you don't get married within 90 days?

If the petitioner and their foreign fiancé fail to legally marry within 90 days of the issuance of the visa, the petitioner will either have to petition for a different type of visa for their fiancé or face the risk of deportation proceedings being started against the fiancé. It is important to speak with an experienced immigration attorney who can assist you in preparing a strong deportation defense or help you in determining another avenue to allow your fiancé to legally remain in the country.

Is the child of a K-1 visa applicant permitted to come to the U.S. too?

Yes. Children under the age of 21 are permitted to come to the U.S. on a K-2 visa, which is approved based on the approval of their parent’s K-1 application.

Practice Areas

Family Based
Employment Based
Citizenship
Humanitarian Relief
Investor Visas

Check your Visa Eligibility

Marriage Green Card through Consular ProcessFor married couples where the foreign-born spouse lives abroad

Marriage Green Card: Adjustment of StatusFor married couples in the U.S.

K-1 Fiancé VisaFor unmarried couples where the foreign-born spouse lives abroad

Removal of ConditionsFor those with expiring 2-year green cards

IR-2 Child VisaFor U.S. citizens with children outside of the U.S.

B1/B2 Tourist VisaFor individuals looking to travel to the U.S.

IR-5 Parent VisaFor U.S. citizens with foreign-born parents

U.S. Citizenship (Naturalization)For green card holders ready to become U.S. citizens

I-90 Green Card Renewal or ReplacementFor current green card holders

H-1B VisaFor foreign professionals who want to work in the U.S.

EB-5 VisaFor investors who want to immigrate to the U.S.

E-2 VisaFor foreign investors to start a U.S. business

L-1 VisaFor multinational companies that want to transfer employees to the U.S.

O-1 VisaFor companies that want to bring extraordinary foreign talent to the U.S.

R-1 VisaFor religious workers who need a temporary U.S. visa

TN VisaFor citizens of Mexico and Canada who work in certain professions

F-1 Student VisaFor foreign students who want to study in the U.S.

NaturalizationFor permanent residents ready to become U.S. citizens

Adjustment of StatusFor immigrants looking to adjust their status

Denials & DelaysHelp with delays or denials in the immigration process

Derivative CitizenshipFor foreign-born children with a U.S. parent

Deportation DefenseLegal assistance and protection against deportation

DACAFor certain people who entered the U.S. unlawfully as children

AsylumFor individuals and families seeking asylum

U-VisaFor crime victims who are in fear of deportation

T-VisaFor victims of human trafficking

Affirmative Deferred Action

EB-5For investors and employers wanting to move to the U.S.

E-2 VisaFor investors and employers wanting to move to the U.S.

K-1 Fiancé Visa