What is the K-1 Fiancé(e) Visa?
The K-1 visa is a temporary visa that allows a foreign-citizen fiancé(e) of a U.S. citizen to enter the country with the intention of marrying within 90 days. Following marriage, the foreign spouse may apply for lawful permanent resident status (a green card). The process is initiated by the U.S. citizen filing Form I-129F with U.S. Citizenship and Immigration Services (USCIS), followed by a visa interview abroad.
What Are the Requirements for Eligibility?
To be eligible, the petitioner must be a U.S. citizen. Both individuals must be legally able to marry, and the couple must have met in person within the past two years, except in cases where this requirement would violate strict cultural customs. There must also be clear evidence that the relationship is genuine and that the couple intends to marry within 90 days of the foreign national entering the U.S.
The K-1 Application Process
- Form I-129F
Filed with USCIS by the U.S. citizen, this petition proves the bona fide nature of the relationship.
- USCIS Review
If approved, USCIS sends the petition to the National Visa Center (NVC), which forwards it to the U.S. embassy or consulate in the fiancé(e)’s country.
- K-1 Visa Interview
The foreign fiancé(e) undergoes a medical exam, fingerprinting, and a visa interview. If approved, the K-1 visa is issued.
- Entry to the U.S. and Marriage
The fiancé(e) must enter the U.S. within the visa validity period and marry the U.S. citizen within 90 days.
- Adjustment of Status (AOS)
After marriage, the foreign spouse applies for a green card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). At this stage, applicants may also request work authorization (Form I-765) and advance parole (Form I-131).
The U.S. Sponsor’s Financial Responsibility
The U.S. petitioner must prove they can financially support their fiancé(e) to prevent the immigrant from becoming a public charge. During the K-1 visa stage, the sponsor must submit Form I-134 (Declaration of Financial Support) to the appropriate U.S. embassy or consulate.
After marriage, when applying for a green card, the sponsor must file Form I-864 (Affidavit of Support), a legally enforceable contract that obligates them to maintain the immigrant at or above 125% of the Federal Poverty Guidelines. This contract typically ends when the immigrant becomes a U.S. citizen, works 40 quarters (~10 years), or leaves the U.S. permanently.
K-2 Visas: Including Children
Unmarried children under 21 of the foreign fiancé(e) may qualify for K-2 visas if they are listed on the original Form I-129F. Separate visa applications and fees are required, but no separate petition is needed.
Children may travel with the K-1 parent or follow within one year of the visa’s issuance. After marriage, each child must apply for adjustment of status separately. To qualify for a green card, the marriage between the parent and U.S. citizen must occur before the child turns 18.
Green Card and Conditional Residence
If marriage occurs within two years of receiving permanent residency, the green card issued will be conditional and valid for two years. To remove the conditions, the couple must jointly file Form I-751 during the 90-day window before the green card expires, along with documentation showing the marriage is ongoing and legitimate.
Path to Citizenship
After receiving a green card and remaining married to a U.S. citizen for three years, the foreign spouse may apply for naturalization through Form N-400. Eligibility requires continuous residence, physical presence in the U.S., and good moral character. Citizenship provides additional security and freedom for long-term planning and travel.
Conclusion
The K-1 fiancé(e) visa is a useful but legally intricate pathway to bring loved ones together across international lines. With the proper documentation, legal guidance, and attention to deadlines, the process can proceed smoothly from visa to green card and beyond.
If you have any questions about bringing your fiancé(e) to the U.S. or the K-1 visa process, contact our office today to arrange a consultation with one of our attorneys!