The fiancé(e) of a U.S. citizen may get a temporary K-1 visa to get married in the U.S. within 90 days of arrival. If the marriage takes place within the 90-day window, the K-1 visa holder is eligible to apply for a marriage-based green card.
The unmarried children under the age of 21 of K-1 visa applicants may apply for K-2 visas. The Alcorn Immigration Law team can help you determine whether the K-1 visa is the best option for you.
Eligibility Requirements
To bring your foreign-national fiancé(e) to the U.S. on a K-1 visa, the following requirements must be met:
- You are a U.S. citizen.
- Your fiancé(e) is living outside of the U.S.
- You and your fiancé(e) intend to get married within 90 days of your fiancé(e)’s admission to the U.S. on a K-1 visa.
- Both you and your fiancé(e) have the true intent to start a life together. The marriage may not be for the purpose of obtaining an immigration benefit.
- You both are legally able to marry in the U.S. and any previous marriages have legally ended due to death, divorce, or annulment.
- At least once during the two years before you file a K-1 visa petition, you and your fiancé(e) met each other in person. A waiver of this requirement can be obtained if you can show that meeting in person would either:
- Violate the customs of your fiancé(e)’s culture or social practice.
- Result in extreme hardship to you, the U.S. citizen.
Application Process
The following are the steps in applying for a K-1 visa:
- The U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e) along with appropriate documentation.
- If U.S. Citizenship and Immigration Services (USCIS) to recognizes the relationship and approves the Form I-129F, USCIS sends it to the U.S. Department of State National Visa Center (NVC). In turn, NVC will forward the form to the U.S. embassy or consulate where your fiancé(e) will apply for a K-1 visa.
- Once the U.S. embassy or consulate in your fiancé(e)’s home country initiates a case, your fiancé(e) can schedule a K-1 visa interview.
- Once the interview is scheduled, the K-1 candidate must complete Form DS-160, Online Nonimmigrant Visa Application and print the DS-160 confirmation page. The confirmation page and other required documents must be brought to the visa interview.
We Can Help
Figuring out immigration law and the best immigration options given your circumstances can be challenging. The Alcorn Immigration Law team can help. Reach out to us if you have questions or would like a consultation.
MORE INFORMATION
- Fees
- $535 for Form I-129F (Petition for Alien Fiancé(e)
- $160 for Form DS-160 (Online Nonimmigrant Visa Application)
- Related Forms
- Form I-129F (Petition for Alien Fiancé(e))
- Form DS-160 (Online Nonimmigrant Visa Application)
- USCIS Processing Time
- About 6 months for concurrent filing. Check the USCIS Case Processing Times page for current estimates.
- Immigrant Intent
- You intend to live permanently in the U.S.
- Who Qualifies
- Fiancés and fiancées of U.S. Citizens
- Period of Stay
- 90 days
If you are a U.S. citizen and you’re engaged to a person in another country, your fiance can qualify for a visa to come to the U.S. so you can get married! You can obtain The K-1 visa allows your fiance to enter the U.S. provided you both intend to marry one another within 90 days of your fiance’s arrival. After your marriage, your fiance will be eligible to apply for a marriage-based green card in the U.S.
This is a great option for couples who are ready to take the next step in building their life together with their partner and wish to marry in the U.S. A K-1 visa will allow you both to live together in the U.S. immediately after marriage and while your fiance’s marriage based green card application is processing.
This is also a great option if your fiance has foreign national children! You can apply for a K-2 visa for your fiance’s children who are unmarried and under the age of 21, allowing them to enter the U.S. together so your new family can be united
How to do it?
As the U.S. citizen partner, you must file form I-129F with USCIS together with supporting documents establishing that you are both in a bona fide relationship and intend to marry and build a future together! Alcorn has successfully supported hundreds of couples to reunite in the U.S.
Am I eligible?
To apply for a K-1 visa for a foreign-national spouse, you must meet the following requirements:
- You are a U.S. citizen;
- Your fiance is a foreign national living outside the U.S.;
- You and your fiance are currently not married and intend to get married within 90 days of your fiance’s admission to the U.S;
- You and your fiance both have a true intent to start a life together; and
- You and your fiance have met each other in person at least once during the last two years preceding the date you file the K-1 visa. If you and you fiance do not meet this requirement, you may qualify for a waiver if:
- Your meeting in person would violate the customs of your fiance’s culture or social practice; or
- Your meeting in person would result in extreme hardship to you, the U.S. citizen.
What’s the Process?
The U.S. citizen must file Form I-129F along with supporting documents to USCIS. Once USCIS approves your I-129F you case will be forwarded to the U.S. Department of State National Visa Center (NVC), which will then forward your case to the U.S. embassy or consulate where your fiance will apply for a K-1 visa with supporting documents. Your fiance will then schedule an appointment to appear at a U.S. embassy or consulate abroad for an interview. Once your fiance is approved he or she will receive a K-1 visa and can enter the U.S. Your fiance and you must then get married within 90 days of your fiance’s arrival to the U.S. Following your marriage, your new spouse can now file a green card application in the U.S.!
Definitely speak to an experienced immigration attorney before filing a I-129F Petition for your loved one!
