What is a K-1 visa?

A K-1 visa allows you to bring your foreign fiancé into the United States to marry them.

How do you qualify for one?

You can petition the government for a K-1 visa if: you are a U.S. citizen; who can legally marry your fiancé; you intend to be married within 90 days of your fiancé’s entry into the country; you have met in person within the last two years unless you can establish either that doing so would violate your fiancé’s cultural practices and you intend to follow them, or meeting in person would cause extreme hardship.

What is the application process?

First you file a Form I-129F, Petition for Alien Fiancé(e); if accepted by USCIS it will be sent to the National Visa Center, who will assign a case number and send it to the U.S. embassy or consulate where your fiancé lives. Your fiancé will then need to bring the appropriate paperwork and fee to their visa interview. Additional information and documentation may be required later. Once a decision is made whether to grant a visa, your fiancé will be notified and if granted your fiancé will be inspected by Customs Border Patrol at a port of entry. After entry you can marry. After marriage (within 90 days) apply for an adjustment of status for your spouse.

How long does this process take?

Processing time varies based on how many visa petitions and applications the government is handling.

If USCIS approves your Form I-129F, there is a four-month period when your fiancé can apply for a visa, and if a K-1 visa is issued your fiancé has six months to enter the country. Upon your fiancé’s entry, you have 90 days to marry.

What could disqualify you?

You or your fiancé could face the rejection of your petition for many reasons including: incomplete or inaccurate documents, criminal background, suspicion of marriage fraud, inability to prove capacity for financial support, improperly terminated marriage or inability to prove legal termination, failure to undergo medical exam or not using an authorized panel physician.

What happens after getting married?

 If married within the required 90-day period you must apply for a change of status for your spouse by filing a Form I-485, Application to Register Permanent Residence or Adjust Status; after a review of your application and a (probable) interview your petition may be approved. If your petition is approved within less than two years of your marriage your spouse will receive Conditional Permanent Residence status for two years and will need to file a Form I-751, Petition to Remove Conditions on Residence within 90 days of its expiration.

What happens to your fiancé’s children?

 Any unmarried children under the age of 21 may be eligible for K-2 visas if you include them on the Form I-129F; they must still be under 21 and unmarried in order to enter the country and must enter with or after their parent. If married within the 90-day period, your stepchildren may receive Green Cards through separately filed Form I-485s, which must be filed along with or after your spouse’s.

For answers to your personal questions regarding fiancé visas, please schedule an appointment with our office.