If you are a US citizen, you can petition to have your foreign fiancé or fiancée obtain a K-1 Visa to enter the US for the purpose of marriage.
What are the requirements for a K-1 Fiancé(e) Visa?
K-1 Fiancé(e) Visa Requirements
In general, in order to apply for a K-1 Visa for your foreign fiancé or fiancée, you must show that:
- You (the petitioner) are a US citizen
- You intend to marry your fiancé(e) within 90 days of their date of entry into the United States
- You and your fiancé(e) are both free to marry and any previous marriages have been legally terminated by divorce, death, or annulment
- You met each other, in person, at least once within 2 years prior to filing the K-1 Visa petition
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a K-1 Fiancé(e) Visa.
How do I apply for a K-1 Fiancé(e) Visa?
Applying for the K-1 Fiancé(e) Visa
Getting a K-1 Fiancé(e) Visa is a two-step process.
Step 1: File the petition.
The US citizen sponsor must file Form I-129F on behalf of their foreign fiancé(e) with the USCIS office that serves the area where they live. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give the sponsor a case number and send the petition to the US Embassy or Consulate where the fiancé(e) lives.
Applying for the K-1 Fiancé(e) Visa
Getting a K-1 Fiancé(e) Visa is a two-step process.
Step 1: File the petition.
The US citizen sponsor must file Form I-129F on behalf of their foreign fiancé(e) with the USCIS office that serves the area where they live. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give the sponsor a case number and send the petition to the US Embassy or Consulate where the fiancé(e) lives.
Step 2: Apply for a Visa.
The NVC will mail the sponsor a letter when it sends your fiancé(e) case to the US Embassy or Consulate. Once they receive this letter, they should inform their fiancé(e) to apply for a K-1 Visa and prepare for the interview.
The K-1 Fiancé(e) Visa interview and required documentation. The US citizen sponsor, the foreign-citizen fiancé(e), and any eligible children applying for K-2 Visas will be required to bring the following forms and documents to the visa interview:
- Completed Form DS-160, Online Nonimmigrant Visa Application. The foreign-citizen fiancé(e) and any eligible children applying for K-2 visas must complete Form DS-160 online, and print the DS-160 confirmation page to bring to your interview.
- Valid passport(s). A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
- Birth certificate.
- Divorce or death certificate(s) of any previous spouse(s). This is for both the US citizen sponsor and the foreign-citizen fiancé(e).
- Police certifications. The foreign-citizen fiancé(e) must supply police certificates from their present country of residence and all countries where they have lived for six months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
- Medical examination. In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K Visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. K Visa applicants are encouraged to get the vaccinations required under US immigration law for immigrant visa applicants. Although such vaccinations are not required for K Visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage.
- Evidence of financial support. Form I-134, Affidavit of Support, may be requested.
The consular officer may ask for additional information, such as photographs and other proof that the relationship between the US citizen sponsor and the foreign fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take clear, legible photocopies of civil documents and translations, such as birth and divorce certificates, to the visa interview. Original documents and translations will be returned.
How long does it take? Once your case has been received from NVC by the US Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. The typical processing time, however, is between 6 and 12 months. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
What happens after we get married?
About the 90-Day Marriage Requirement for K-1 Fiancé(e) Visas
In order to fulfill the 90-marriage requirement for a K-1 Fiancé(e) Visa, both of these things must be successfully completed within the 90-day window:
- The marriage must occur
- USCIS Form I-485 must be filed on behalf of the K-1 Fiancé Visa holder to adjust to permanent resident status (green card)
K-1 Fiancé(e) Visa status automatically expires after 90 days, and there is no extension process. Failure to marry within 90 days (or otherwise depart the country) will result in failure to maintain legal immigration status.
What about my family?
K-1 Fiancé(e) Visas & Children
Can my fiancé(e)’s children come with them to the US? If your foreign fiancé(e) has unmarried children under the age of 21, they will be able to obtain a K-2 Visa to enter the United States. Eligible children of K-1 Visa applicants may apply for K-2 Visas, which is generally done concurrently with the K-1 Fiancé(e) Visa process. Separate applications must be submitted for each K Visa applicant, and each K Visa applicant must pay the visa application fee.
Will my fiancé(e) be able to work? If you have been admitted to the United States on a K-1 Fiancé(e) Visa, you are eligible to file for employment authorization through USCIS Form I-765.
