The K-1 visa, also known as the fiancé(e) visa, is designed for the foreign-citizen fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. This visa allows the foreign fiancé(e) to travel to the U.S., where they must marry their U.S. citizen partner within 90 days of arrival. After the marriage, the foreign fiancé(e) can apply for a green card to become a permanent resident.
Eligibility Requirements
For the Foreign Partner:
- Location and Marital Status:
- Must reside outside the United States.
- Must be legally free to marry at the time of application and must remain so until the marriage occurs.
- In-Person Meeting Requirement:
- The couple must have met in person at least once within the two years preceding the filing of Form I-129F, Petition for Alien Fiancé(e). Acceptable evidence of this meeting includes:
- Photographs of the couple together.
- Airline tickets, hotel receipts, or other travel documents.
- Passport stamps showing entry and exit.
- Military orders or leave letters, if applicable.
- Exceptions to this requirement may be granted in cases of extreme hardship or cultural practices.
- The couple must have met in person at least once within the two years preceding the filing of Form I-129F, Petition for Alien Fiancé(e). Acceptable evidence of this meeting includes:
- Background Check:
- The foreign fiancé(e) must not have a criminal record that would bar entry to the U.S. and must provide necessary documents like:
- Passport.
- Birth certificate.
- Police certificates from current and previous residences.
- Military records, if applicable.
- The foreign fiancé(e) must not have a criminal record that would bar entry to the U.S. and must provide necessary documents like:
- Children:
- Children under the age of 21 of the foreign fiancé(e) can apply for a K-2 visa. Each child must have a separate application.
For the U.S. Citizen Sponsor:
- Citizenship Proof:
- Must be a U.S. citizen and provide proof of citizenship, which can include:
- U.S. birth certificate.
- Valid U.S. passport.
- Certificate of Naturalization or Citizenship.
- Report of Birth Abroad.
- Must be a U.S. citizen and provide proof of citizenship, which can include:
- Financial Requirements:
- Must demonstrate the ability to support the foreign fiancé(e) and any accompanying children to prevent them from becoming a public charge. This is usually done by submitting Form I-134, Affidavit of Support, though Form I-864 is required for the adjustment of status after marriage.
Application Process
- Filing the Petition:
- The U.S. citizen must file Form I-129F with USCIS. After approval, the petition is sent to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate where the foreign fiancé(e) resides.
- Visa Application:
- The foreign fiancé(e) must complete Form DS-160 and gather necessary documents for the visa interview, including:
- Passport.
- Birth and divorce/death certificates.
- Police certificates.
- Medical examination report.
- Proof of relationship.
- Financial support documentation.
- The foreign fiancé(e) must complete Form DS-160 and gather necessary documents for the visa interview, including:
- Interview and Issuance:
- Attend an interview at the U.S. Embassy or Consulate. If approved, the K-1 visa allows entry to the U.S. and marriage must occur within 90 days. Failure to marry within this timeframe will result in the foreign fiancé(e) having to leave the U.S.
Important Notes:
- Medical Examination: A medical exam by an authorized panel physician is required. Vaccinations are recommended but not mandatory for the visa issuance.
- Visa Validity: The K-1 visa is valid for a single entry to the U.S. and must be used within six months of issuance.
- Children’s Visa: K-2 visas are available for children of the foreign fiancé(e), but each child must have a separate application and visa fee.
FAQs: Eligibility for a K-1 Visa
Have more questions about the eligibility requirements for a K-1 Visa? Read answers to common questions below.
What if the K-1 visa petition expires?
The I-129F petition is valid for four months. If it expires, the consular officer may extend it if needed.
Can the U.S. citizen sponsor file for my children?
Yes, eligible children of the K-1 visa applicant can apply for K-2 visas. Separate applications and fees are required.
What if we cannot marry within 90 days of arrival?
If the marriage does not occur within 90 days, the foreign fiancé(e) must leave the U.S., and the K-1 status will be invalidated.
Can I work in the U.S. on a K-1 visa?
K-1 visa holders cannot work until they adjust their status to a legal permanent resident after marriage. An Employment Authorization Document (EAD) is required for working.
How long does it take to process a K-1 visa?
Processing times vary based on individual circumstances, completeness of the application, and any additional administrative processing. Check USCIS and U.S. Embassy websites for current processing times.
What documents do I need for the K-1 visa interview?
You will need Form DS-160 confirmation page, passport, birth certificates, police certificates, medical examination results, evidence of relationship, and financial support documentation.
Can I travel outside the U.S. with a K-1 visa?
Traveling outside the U.S. while on a K-1 visa is not recommended as it may complicate the visa status. Consult with an immigration attorney if you need to travel.
Related Resources
- Certificate of Citizenship: Everything You Need to Know
- K-1 Visa vs. Marriage Green Card: Everything you Need to Know
- How to Get a Marriage Green Card in US
- Understanding Naturalization Certificate
