Love can be difficult to find, so when we find our soulmates, we hold onto them tightly. Unfortunately, we don’t always find romantic partners with the same passport and citizenship as ours. Intercontinental romances, while they can be done, have their challenges, especially when wanting to get married. This is where the K-1 fiancé(e) comes to the rescue.
If you desire to marry your foreign-born spouse but are uncertain about how to bring your partner into the United States to get married, you’ll need to understand how the K-1 fiancé(e) works. We’ll explain what it is, how to apply for one, and all the fees involved.
What Is the K-1 Fiancé(e) Visa?
A K-1 visa, also known as the fiancé(e) visa, allows a foreign citizen who is engaged to a United States citizen to legally enter the United States for the purpose of getting married. The couple must get married within 90 days of the foreign partner’s arrival in the U.S. After the marriage, the foreign spouse can then apply for a green card to stay in the country. This special visa is specifically designed for couples who plan to live in the U.S. together and is a step toward building a life as a married couple in the country.
To qualify for the K-1 visa, both the U.S. citizen and the foreign fiancé(e) must meet certain requirements. They must have met in person at least once within the last two years (with some exceptions), and both must be legally free to marry. The U.S. citizen must also prove that they have enough income to support their future spouse. Once the K-1 visa is granted and the couple marries, the foreign-born spouse can apply for permanent residency and remain in the U.S.
Why is the K-1 Visa Necessary?
The K-1 visa is specifically designed for romantic couples who intend to get married in the United States. This visa ensures that the foreign-born partner can legally enter the country for marriage, allowing the couple to begin their life together without legal issues. Other types of visas, such as tourist visas, are unsuitable for this situation because they are intended for short-term visits, not marriage. Using a tourist visa for marriage could lead to complications, as the U.S. government may view it as misrepresentation if the individual intends to marry upon entering the country. This could result in a denial of entry or future immigration benefits.
The K-1 fiancé(e) visa provides additional protections and a clear route for the foreign-born partner to apply for permanent residency after marriage. Entering the country on a K-1 visa is necessary because a tourist visa does not grant any immigration status and only allows for temporary stays. After marrying, the K-1 visa holder can apply for a green card without the need to leave the U.S., which streamlines the process and allows them to stay with their spouse. Trying to switch from a tourist visa to permanent residency can be complicated and may raise suspicions about the intent of the initial entry. Therefore, the K-1 visa is the appropriate and legal way to enter the U.S. for marriage purposes.
K-1 Fiancé(e) Visa Requirements
The K-1 visa is a special visa for foreigners who are engaged to United States citizens and plan to marry in the United States. This visa allows the fiancé(e) to enter the U.S. for the purpose of getting married, and it helps streamline the process of obtaining permanent residency afterward. To be eligible for a K-1 visa, both parties must meet certain requirements to ensure the relationship is real and not just for immigration purposes.
Eligibility Requirements for a K-1 Visa
- U.S. Citizenship: The petitioner (the U.S. citizen) must be a legal citizen of the United States.
- Intended Marriage: Both individuals must plan to get married within 90 days of the foreign fiancé(e) entering the U.S.
- Legally Free to Marry: Both parties must be legally free to marry, meaning they cannot be currently married to someone else.
- Meeting Requirements: The couple must have met in person once within the last two years and be able to prove it.
- Sponsorship: The U.S. citizen must prove they can financially support the foreign fiancé(e) and submit an affidavit of support (Form I-134).
- Application Submission: The U.S. citizen must file Form I-129F to start the visa process.
K-1 Fiancé(e) Visa Fees
Getting a K-1 visa involves several fees that both partners need to consider. The main costs include:
- Form I-129F Fee: This is the fee for the petition that the U.S. citizen partner files. As of 2024, the fee is $535. This form is necessary to prove the relationship and initiate the visa process.
- Visa Application Fee: After the petition has been approved, the foreign partner must pay a visa application fee, which is typically around $265. This fee is paid at the U.S. embassy or consulate during the visa interview.
- Medical Examination Fee: As part of the K-1 visa process, the foreign partner needs to have a medical exam. The price for this exam can vary a lot, usually falling between $100 and $500, depending on where it is done and the doctor’s fees.
- Additional Costs: There may be other costs involved, such as obtaining necessary documents (like police certificates or translation services) and travel expenses to attend the visa interview.
How to Apply for a K-1 Fiancé(e) Visa
While it appears to be a straightforward process, applying for a K-1 visa requires close attention to the steps and providing clear and honest information. This information will be checked to ensure that the relationship is real and not solely for the purpose of fraudulent immigration.
Here’s a look at what to expect:
- File Form I-129F: The U.S. citizen partner must fill out and submit Form I-129F, the Petition for Alien Fiancé(e). This form establishes that the couple has a genuine relationship. As of 2024, the fee for this form is $535.
- Get Approval: After submitting the form, the U.S. Citizenship and Immigration Services (USCIS) will review the petition. If approved, they will send it to the National Visa Center (NVC).
- Receive Instructions from NVC: The NVC will provide instructions for the next steps, including information on the visa application process.
- Apply for the Visa: The foreign fiancé(e) must complete Form DS-160, the Online Nonimmigrant Visa Application. This form gathers essential information about the applicant. There is typically a fee of around $265 for this visa application.
- Schedule a Medical Examination: The foreign fiancé(e) is required to have a medical examination performed by an authorized physician. This exam ensures that they meet health requirements for entry into the U.S.
- Gather Required Documents: Both partners need to collect necessary documents, such as proof of their relationship (like photos or messages), birth certificates, and police clearance certificates.
- Attend the Visa Interview: The foreign fiancé(e) will attend an interview at the U.S. embassy or consulate in their home country. During the interview, they will be asked about their relationship and plans to marry.
- Receive the Visa: If everything goes well during the interview, the K-1 visa will be granted. The foreign fiancé(e) can then travel to the United States and must marry the U.S. citizen within 90 days of arrival.
What Happens If the Relationship is Thought to Be Fraudulent?
If someone applies for a K-1 visa but is suspected of fraud, there can be serious consequences. First, if U.S. immigration officials think the relationship is fake, they will deny the visa application. This means the foreign partner cannot enter the U.S. under that visa, and it could make it harder for the U.S. citizen to sponsor others in the future. It’s also possible that one or both partners could face legal consequences for committing immigration fraud.
It should be noted that K-1 approval rates are significantly higher when the foreign-born partner is from countries with close cultural ties to the United States. Partners from countries with a higher percentage of immigration fraud will have their applications more closely scrutinized and face higher visa denials.
All You Need to Know About the K-1 Fiancé(e) Visa
Once you’ve found the person you want to spend the rest of your life with, you most likely want the rest of your life with them to begin as soon as possible. Tying the knot isn’t as easy for those with overseas romances as it is when both partners are United States citizens. Fortunately, the K-1 Fiancé(e) Visa allows the foreign-born partner to enter the country to get married legally. Any other attempt to bring them across the border would be deemed fraudulent and should never be attempted.
If you find the K-1 Fiancé(e) Visa process confusing, it’s recommended that you work with an immigration firm with a background in this highly nuanced area of U.S. immigration law.
