For more information:

Nonimmigrant Visa for a Fianc(é)e (K-1) (state.gov)

Overview:

  1. What is a K-1 visa?
  2. What are the benefits of the K-1 visa?
  3. K-1 visa requirements
  4. K-1 visa process
  5. K-1 visa processing time
  6. What are the documents required to get a K-1 visa?
  7. K-1 visa form
  8. K-1 visa fees
  9. K-1 visa interview questions
  10. Conclusion

1. What is a K-1 visa?

The K-1 visa, commonly known as the fiancé visa, is a unique visa that enables the fiancé of an American citizen to visit the country, marry their American citizen fiancé, and then change this status in the country to obtain their green card.

Your U.S. citizen fiancé must submit Form I-129F on your behalf in addition to the other actions described here to get a K-1 visa. Your American fiancé is the petitioner (person submitting the petition), and you are the beneficiary (person receiving the K-1 visa and the one benefiting from the petition).

It might be challenging to get a K-1 visa based on your engagement as a U.S. citizen. You must follow the specified procedures and fulfill specific eligibility conditions. Your case might experience significant delays or, worse yet, be rejected if you don’t submit the required papers or follow the essential procedures.

2. What are the benefits of a K-1 visa?

There are several benefits to getting a K-1 visa. Here are just a few:

Adjustment of Status in the United States

One of the key advantages of a K-1 visa is that it enables you to go to the United States to marry your American fiancé. In reality, one of the conditions for obtaining a K-1 visa is that both parties must intend to wed within 90 days of the beneficiary’s admission into the United States. You can petition for an adjustment of status to receive your green card and become a lawful permanent resident while present in the country is known as an adjustment of status. The beneficiary of a K-1 visa does not need to leave the country for a visa interview because the full adjustment of the status procedure is carried out inside the United States.

Ability to Apply for Work Authorization

The ability to apply for work permits as soon as you reach the country with your K-1 visa is another advantage of having a K-1 visa. Once you have been admitted to the country on a K-1 visa, you can apply for work permission by submitting Form I-765 (Application for Employment Authorization). The work permit will expire 90 days after your admittance to the country if you apply for it before being married to your American fiancé.

You may be qualified to apply for work authorization when you submit your adjustment of status application in addition to when you apply for work authorization upon entering the United States (after marriage to your U.S. citizen spouse).

Immigration Benefits for Your Children

The possibility of providing your children with immigration advantages is another advantage of the K-1 visa. Your kid can be eligible for a K-2 visa to go with you to the U.S. if they are under 21 and unmarried. Your unmarried children who are currently in the country on a K-2 visa may apply for an adjustment of status to obtain a green card once you are married to your U.S. citizen fiancé.

Avoid filing the Form I-130

Typically, your spouse must submit Form I-130 “Petition for Alien Relative” on your behalf to apply for a marriage-based green card. When entering the country and getting married to your U.S. citizen fiancé, you can file for the adjustment of status (Form I-485) without going through the Form I-130 procedure if you have a K-1 fiancé visa.

3. K-1 visa requirements

The requirements for a K-1 visa are as follows:

The petitioner must be a U.S. Citizen

The petitioner (your fiancé), to be eligible for a K-1 visa, must be a citizen of the United States. Green card holders who are citizens of the United States are unable to serve as the petitioner for a K-1 visa application.

Both Parties Must be Free to Marry

Both couples must be able to lawfully marry to be eligible for a K-1 visa. This implies that all former unions must be dissolved (if applicable).

Intent to Get Married within 90 Days

Both couples must intend to get married within 90 days of the K-1 visa holder’s entry to the U.S. to be eligible for a K-1 visa. The U.S. citizen petitioner must present convincing proof proving both parties’ intent to marry as part of the first petition for a K-1 visa.

Physical Meeting Requirement

You must demonstrate that you and your fiancé first met in person within two years before submitting the original petition for a K-1 visa to be eligible for one. This restriction was placed in effect to prevent scenarios involving “mail-order brides.”

There are two exceptions to the physical meeting requirement:

Established Custom Exception

If meeting in person would go against severe, long-standing conventions of the K-1 visa beneficiary’s culture or social practice, there is an exemption to the physical meeting requirement. If you want to depend on this exemption, you must provide proof that certain traditions exist (such as letters from religious officials). Additionally, you should include testimonials from friends and family members confirming your adherence to these traditions.

Extreme Hardship Exception

If there is any kind of great hardship prohibiting the parties from complying with the physical meeting requirement, that is another exemption to the necessity for a physical meeting. Political restrictions that prevent travel to the fiancé’s home country, obstacles that prevent the prospective K-1 visa beneficiary from leaving their home country and traveling to the U.S., financial hardships, or health issues that have impeded either party’s ability to travel are a few examples of extreme hardships. If you want to use this exemption, be prepared to offer proof of the circumstances that led to your exceptional suffering.

4. K-1 visa process

A K-1 fiancé visa requires several steps to obtain.

  • Satisfy K-1 visa requirements
  • U.S. Citizen Petitioner Files Form I-129F
  • File Form DS-160
  • K-1 visa interview
  • Enter the U.S. on a K-1 visa (Inspection at a port of entry)
  • Marriage
  • Adjustment of status
  • Adjustment of status interview

Satisfy K-1 visa requirements

Making sure you meet the K-1 visa requirements is the first step in the application process. The following list includes two conditions to which you should pay special attention:

  • Prior marriages must be legally annulled if you and your fiancé are both of legal age to marry. If either of you was previously married, this requirement must also be met.
  • Physical meeting: You and your fiancé must have at least one in-person meeting within two years after completing Form I-129f. Make sure you fit into one of the aforementioned exclusions if you are unable to meet this condition.

U.S. citizen petitioner files Form I-129f

In essence, Form I-129 serves as proof that you meet the criteria for a K-1 visa.

File Form DS-160

The USCIS will consider Form I-129F for approval after the petitioner is a U.S. citizen. The K-1 visa holder must next submit a Form DS-160 to the Department of State once USCIS authorizes Form I-129F. The application for a non-immigrant visa is called the DS-160.

K-1 Visa interview

The K-1 visa holder must then go to a K-1 visa interview at a U.S. consulate or embassy in their country of residence.

You must attend the interview with all necessary paperwork and be prepared to respond to questions about your background, that of your fiancé, who is a U.S. citizen, and your connection with them. See the material below for further details on the papers and documents you must bring and the kinds of questions you will be asked during your interview.

Enter the U.S. on a K-1 Visa (Inspection at a port of entry)

If your K-1 visa interview goes well, you should be issued a valid K-1 visa that allows you to apply for entrance into the United States. The next stage is to apply for entrance into the U.S. after you have your K-1 visa. You will probably be asked by Customs and Border Protection at the Port of Entry (POE) why are you entering the United States.

Marriage

The next stage is to marry your U.S. citizen fiancé after you have received your K-1 visa and been granted entry to the country. Within 90 days after your arrival in the United States, you must get married to your American fiancé.

Adjustment of Status

The next stage is to apply an adjustment of status, supposing you married your U.S. citizen fiancé within 50 days of your arrival into the country. The process of changing from a non-immigrant to a permanent resident is known as a status adjustment (green card). You must submit Form I-485 to USCIS to do this. “Application to Register Permanent Residence or Adjust Status” is what Form I-485 is all about. The whole adjustment of the status procedure is managed within the United States.

Here are some of the requirements for an adjustment of status:

  • You must have obtained a visa to enter the United States
  • You’re physically present in the country when Form I-485 is submitted.
  • You cannot be barred from entering the country. There are ten types of grounds for barring entry to the United States (based on criminal convictions, health-related issues, etc.). You cannot be included in any of these groups.

Adjustment of status interview:

You could be asked to appear for an adjustment of status interview after submitting your adjustment of status application (Form I-485). A USCIS official assigned to your case will question you at the adjustment of status interview to ascertain whether your marriage is genuine and wasn’t just formed to obtain immigration benefits.

5. K-1 visa processing time

The total processing time for your K-1 visa will depend on a variety of variables, including the current USCIS processing time and the volume of K-1 visa interviews being conducted at the consulate or embassy. You may check the USCIS case process time resource to find out the current processing times for USCIS cases.

6. What are the documents required to get a K-1 visa?

– You might need to submit many papers together with your petition for a K-1 visa. Depending on your unique scenario and the available proof, other papers might be needed.
– You should provide official English translations of any papers you want to submit that are written in another language.

A broad list of some of the paperwork that could be needed at the Form I-129F stage is provided below. Please remember that this is only a general list. Before deciding on which exact papers to submit your petition, you should discuss your situation with a qualified immigration lawyer.

  • Required documentation when filing Form I-129F
  • Unexpired passport of U.S. citizen petitioner to show evidence of U.S. citizenship
  • Final divorce decrees and any other evidence that you or your fiancé have legally terminated all previous marriages (if applicable)
  • Passport photos
  • Evidence of legal name change (if applicable)
  • Photos of you and your fiancé together
  • Flight tickets, itinerary, and passport stamps showing travel to see fiancé
  • A signed statement for the K-1 visa beneficiary and the U.S. citizen petitioner expressing each person’s intent to marry the other within 90 days of the K-1 visa beneficiary’s entry to the U.S.
  • Phone call logs showing regular communication with each other
  • Text message threads showing regular communication with each other
  • Copies of letters exchanged between each other
  • Signed statements from friends and family attesting to the relationship between both parties

7. K-1 visa form

Throughout the K-1 visa application procedure, several forms are needed. An outline of a few of the ones to expect is given below:

  • Form I-129F: Often known as the “Petition for Alien Fiancé(e)”. The U.S. citizen petitioner submits this as their first form to USCIS. This form must be submitted with several supporting documents that prove the petitioner is a citizen of the United States, that both parties intend to get married within 90 days of the K-1 visa beneficiary’s admission into the country, and that both parties have recently met.
  • Form I-765: Often known as the “Application for Employment Authorization”. Throughout the application procedure for a K-1 visa, this form may be submitted twice. To get work permission before marrying your U.S. citizen fiancé, you can submit this form while entering the country on a K-1 visa. This form may also be submitted at the stage of status adjustment.
  • Form I-485: Often known as the “Application to Register Permanent Resident or Adjust Status”. To transition from non-immigrant to permanent resident status, this form must be submitted (green card). This is the document you submit following your marriage to your American fiancé.
  • Form G-28: Often known as the “Notice of Entry of Appearance as Attorney or Accredited Representative”. If you engage a lawyer to assist you in submitting the paperwork for your K-1 visa, you must complete and sign this form. If you engage a U.S. immigration attorney, you’ll probably be asked to sign Form G-28, which gives your lawyer permission to submit applications and petitions on your behalf. This gives your lawyer permission to represent you before USCIS and communicate with USCIS on your behalf. You can specify your choices for how you would want to hear from USCIS regarding notifications and secure documents when completing Form G-28.

8. K-1 visa fees

The K-1 visa filling at the time this article was published were as follows (be sure to confirm these costs before submitting your application since they are subject to change):

  • Immigration lawyer legal fee: Your immigration lawyer will charge you to prepare and file your Form I-129F, and to represent you throughout the K-1 visa process. This fee will vary depending on your immigration lawyer.
  • Form I-129F filing fee: $535.00
  • Form DS-160 filing fee: $265.00
  • Form I-485 filing fee: $1,225.00
  • Form I-765 filing fee: $410.00 (may not be required if filling concurrently with Form I-485)
  • Medical examination: costs vary depending on your doctor and the particular situation
  • Other expenses (such as document translation. photocopying fees for visa applications, and travel to the U.S: These fees vary from nation to nation and case to case.

9. K-1 visa interview questions

You might be questioned on a wide range of topics during your K-1 visa interview. Here are a few inquiries that could be made of you.

Background questions about you:

  • What is your name?
  • What is your date of birth?
  • Where were you born?
  • How old are you?
  • What is your nationality?
  • What languages do you speak?
  • Do you have any children?
  • Were you previously married? If so, when?
  • If you were previously married, is that marriage now officially over?
  • Have you been to the United States before? Under what status?
  • Do you have family in the United States?
  • Have you ever been arrested?
  • Have you ever been convicted of a crime?
  • What is your profession?

Questions about the U.S. citizen petitioner (your fiancé):

  • What is your fiancé’s full name?
  • When is your fiancé’s date of birth?
  • Where was your fiancé born?
  • What does your fiancé do for work?
  • Has your fiancé been married before? If so, is the previous marriage over?
  • Does your fiancé have children? If so, how many?

Questions about your relationship with your fiancé:

  • When do you meet your fiancé?
  • How did you meet your fiancé?
  • Have you ever visited your fiancé in the U.S.?
  • Has your fiancé ever visited you in your home country?
  • When did you and your fiancé get engaged?
  • Did you have an engagement party?
  • How did your fiancé propose to you?
  • Have you already planned your wedding?
  • How many times have you and your fiancé met in person?
  • How often do you speak to your fiancé?

10. Conclusion

With the K-1 visa, a fiancé of a citizen of the United States can visit the country, marry their citizen fiancé, and change their status in the country to obtain a green card. You should have a better comprehension of the numerous facets of the K-1 visa, including its advantages, prerequisites, and application procedure.