The K-1 fiancé(e) visa allows a U.S. citizen to bring a foreign national fiancé(e) to the United States to marry. This visa grants the couple 90 days to legally wed before the foreign national must apply for an adjustment of status. Understanding the eligibility requirements and application process is crucial for a successful petition.
Eligibility requirements
To qualify for a K-1 visa, the petitioner must be a U.S. citizen, not a lawful permanent resident. Both partners must be legally free to marry, meaning any previous marriages must be legally ended. The couple must have met in person at least once within the past two years unless a cultural or hardship exception applies. Additionally, the U.S. citizen must meet minimum income requirements to prove financial ability to support the fiancé(e).
Filing the petition
The U.S. citizen begins the process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). The petition must include proof of the relationship, such as photos, travel records, and correspondence. If approved, USCIS forwards the petition to the National Visa Center (NVC), which assigns a case number and sends it to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
Visa interview and medical examination
The foreign fiancé(e) must complete a medical exam by an approved physician and attend a visa interview at the U.S. embassy or consulate. During the interview, an officer reviews the application and asks questions about the relationship. If the visa is granted, the fiancé(e) receives a visa packet to present at a U.S. port of entry.
After arriving in the U.S., the couple must marry within 90 days. The foreign spouse can then apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Completing this step allows the spouse to receive a green card and continue the immigration process legally.