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Gateway to the U.S.A.

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K-1 Fiance Visa Lawyer

Find out more

K-1 Visa - U.S. Immigration Lawyer

 The K-1 fiancé(e) visa allows a foreign fiancé(e) to enter the United States in order to marry their U.S. fiancé(e) that sponsored them for the visa within 90 days of arrival. After the alien has married the U.S. citizen, the U.S. sponsor's spouse may change status to become a legal permanent resident (LPR) through the USCIS. Contact us today and learn how we can assist you through the immigration process.

 

K-1 Fiance Visa Requirements 


To be eligible for the K-1 fiance visa:

  • The U.S. and sponsor and their fiancé(e) must  both be legally    able to marry according to the laws in the state in which the  marriage    is to take place
  • The U.S. citizen and their fiancé(e) must have  met within the    past 2 years of filing the petition for the K-1 fiance(e) visa.  Exceptions to this rule exist if there is evidence of extreme hardship  preventing you from marrying within the 2 year period


K-1 Fiance Visa Requirements


  • The U.S. citizen must file Form I-129F, Petition  for Alien Fiancé(e) at the USCIS office with jurisdiction over your region 
  • Form I-129F must be filed in the United States  and cannot be filed at a U.S. Embassy or Consulate 
  • Once the I-129F is approved, and processed by  the National Visa    Center, it is sent to the U.S. embassy or consulate in which  the    fiancé(e) will apply for the K-1 visa
  • The U.S. embassy or Consulate will provide you  with instructions    on where you can obtain the necessary medical examination in  order  to   enter the U.S.
  • Children of K-1 visa holders are allowed to file  applications  for   K-2 visas. An application fee will apply for each K-2 visa  issued    


K-1 Fiance Visa Required Documentation


The K-1 applicant along with all K-2 applicants must provide  the following documentation during their visa interview:

  • 2 completed Form DS-156s (Nonimmigrant Visa  Applications) for the visas
  • One Form DS-156K, Nonimmigrant Fiance(e) Visa Application 
  • One completed Part One of DS-230 (Application for  Immigrant Visa and Alien Registration) 
  • A passport valid for at least 6 months after the  validity period of the visa
  • Any divorce or death certificates of previous  any previous marriages
  • Proof of medical examination 
  • Evidence that you have financial support and  available funds  for   your stay in the United States. The USCIS may ask for a  completed  I-134   Affidavit of Support to ensure that the K-1 visa holder will be     supported by a U.S. citizen while in the U.S.
  • A 2x2 colored photograph
  • The fiancé(e) must also provide evidence that  they are in a  bona   fide(genuine and true) relationship with the U.S. citizen.  Evidence  may   include emails, letters, photos, etc.
  • The fiancé(e) should also provide the appropriate  civil  documents   such as complete birth certificates, divorce certificates,  etc.  All   documents provided should be translated.   


K-1 Medical Examination Requirements


All K-1 and K-2 visa applicants must undergo medical  examination  under a   authorized panel physician specified by the by the U.S.   embassy or   Consulate in which the they have applied. Although K-1 and  K-2 visa    applicants are not required to get the appropriate  vaccinations required   by  those applying for immigrant visas, they are  encouraged to get the   appropriate  vaccination since it will  eventually be required when they   change their status  to Legal  Permanent Resident (LPR). 


Fiance Visa Adjust Status to Legal Permanent Resident


Qualified employees entering   the United States to    establish a new office will be allowed a maximum   initial stay of  one   year. Where the U.S. office has been operating for   over one  year,   transferred employees may enter for an initial maximum   period  of stay   of three (3) years.  For all L-1A employees, requests for    extension of   stay may be granted in increments of up to an additional    two years,   until the employee has reached the maximum limit of seven  years.


Fiance(e) Visa Government Fees

  • The I-129F application fee is $350 USD
  • DS-156 processing fee
  • K-1 visa I-485 application fee of $985 USD along  with an    associated $85 USD biometric fee where applicable for a total of $1070 USD

  

K-1 Fiance(e) Visa FAQ

What are the eligibility requirements for the K-1 Fiance Visa?


A fiancé or fiancée of a U.S. citizen is eligible for the K-1 visa if: 

  • You plan on getting married to the U.S. citizen  within 90 days of entering
  • If you are legally allowed to marry the U.S.  citizen under the law of your country 


What are the benefits of the K-1 Fiance Visa?


The K-1 Fiancée visa is a dual intent visa that allows the fiancée or  fiancé of a U.S. citizen to enter the United States to marry the  petitioner. After the fiancé or fiancée marries the U.S. citizen, the  fiancé or fiancée may adjust their status by applying for permanent  residency (a Green Card). Although the K-1 fiance visa is classified as a  nonimmigrant visa, the fiancé or fiancée will usually apply for  permanent residency and be issued a green card to stay in the United  States with the petitioner. 


Can I change my status while on a K-1 Visa?


No, you may not change your nonimmigrant status while you have a K-1 fiancee or fiancé visa. 


How long am I allowed to stay in the United States under the K-1 Visa?


You may stay in the United States for 6 months with the K-1 Fiance  visa. After you enter the United States, you have a 90 day period in  which to get married. If you do not get married within the 90 day  period, you must leave the country. No extensions are given for the K-1  Fiance visa. After getting married to the U.S. citizen, you may apply  for permanent residency and obtain a Green Card. The K-1 Fiance visa is a  dual intent visa, and it is generally understood that the fiancé or  fiancée will remain in the United States and obtain a green card.


What is the processing time for the K-1 visa?


The processing time for the K-1 Fiance visa is around 3 to 5 months,  depending on the details of the individual case. It may also take an  additional 2-3 months for the consulate to process the K-1 Fiance visa. 


How do I apply for the K-1 Visa?


In order to apply for the K-1 Fiance visa, the U.S. citizen must  submit a petition to the USCIS. In addition, the U.S. citizen must  attach a letter of intent in marrying the foreign fiancée or fiancé. You  must also attach proof that the U.S. citizen and foreign fiancé or  fiancée have met in person within the previous two years of filing the  petition. This general requirement may be waived on occasion due to  extreme hardship to a U.S. citizen and or cultural issues that prevented  the meeting of the two parties. You must also attach proof that you are  both able to legally get married, and that you have no pending divorce  cases. In the event that you have previously been married, you must  provide the USCIS with the divorce decree. In the event that your former  spouse has died, you must attach a death certificate. In addition, you  must attach a copy of the birth certificate of the fiancé or fiancée.  


How long after obtaining a green card can I apply for citizenship?


After residing in the United States for three years after obtaining a  green card, you may apply to become a naturalized citizen of the United  States. 


After Obtaining the K-1 visa, does it matter where I get married?


Yes. In obtaining the K-1 Fiance visa, you have expressed your intent  in getting married to the U.S. citizen within the United States,  therefore, you must get married in the United States. If you with to  marry outside of the United States, then you must obtain an immigrant  visa in order to legally enter the United States thereafter. 


Can I apply for the K-1 Fiance visa with my fiance while we are both in the United States


No. The K-1 fiance visa is required for the fiancé or fiancée to  legally enter the United States. In order to obtain a K-1 fiance visa  for your fiancé or fiancée, you must apply at a U.S. Consulate or  Embassy outside of the United States. 


What are the income/financial requirements of the K-1 visa?


In order to be eligible to apply for the K-1 Fiance visa for your  fiancé or fiancée, you must show that you have an income of at least  125% of the poverty line in the United States. In your K-1 Fiance visa  application, you must include an Affidavit of Support to show that you  have such an income. Please see the chart provided below for information  regarding the 2011 poverty guidelines. 


Note: to find out if you qualify, multiply the poverty line  by 1.25 and then compare this to your gross  annual income. If your gross annual income exceeds 125% of the poverty  guideline,    then you qualify and may submit the Affidavit of Support.  

  

What happens if I cannot meet the financial/income requirements of the K-1 visa?


In the event that you cannot meet the financial/income requirements  of the K-1 visa, your fiancé or fiancée may apply for an immigrant visa  or apply for the green card lottery program.


Can my fiance work in the United States before we get married?


Your fiancé or fiancée may obtain Employment Authorization by filing  Form I-765 at the USCIS Service Center. You may do this after your  fiancé or fiancée has come to the United States.  Trying to obtain  Employment Authorization, however, may not be a good idea since the  average time it takes the USCIS to process Employment Authorization  applications is around 90 to 120 days, wherein the K-1 fiance visa is  only valid for 90 days. 


Do I need the K-1 Fiance visa if we only intend to marry in the U.S., and then return to another country?


No. If you only with to marry in the United States and not remain there, you may apply for a visitor visa (B-2 visa). 

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