Overview of K1 Fiancé(e) Visa | K-1 Visa
A K-1 Visa or K-1 fiancé(e) visa is an immigrant visa that ultimately leads to permanent residency. It allows fiancé(e) of U.S. citizens to enter the United States for the purpose of marriage within 90 days of entry A K-1 Visa must be initiated or petitioned by a U.S. Citizen fiancé(e) and upon approval of the K-1 Visa, the foreign fiancé can enter the U.S. to get married with his/her American fiancé. A K-1 visa is often ideal for U.S. citizens who wish to marry their overseas fiancé in the United States.
Who is eligible for a K-1 Fiancé(e) Visa?
- Foreign national who has planned to marry with an U.S. Citizen in the United States.
- Foreign national who resides overseas and plans to permanently live in the U.S. after marriage with his/her U.S. citizen fiancé(e).
What are the requirements of K-1 fiancé(e) Visa?
- K-1 petitioner must be a U.S. citizen to initiate the K-1 Visa Petition.
- Both the foreign national fiancé(e) (the K-1 beneficiary) and petitioner must be free to marry whereby all prior marriages have been terminated through death, divorce, or annulment.
- Both K-1 petitioner and beneficiary must have met in person within the last two years, unless meeting would create an extreme hardship or other exceptions apply.
- K-1 visa fiancé(e) seeks to enter the U.S. solely to marry his/her K-1 petitioner for bona fide purposes.
- Marriage must be taken place within 90 days after entry to the U.S. on the K visa.
K-1 Fiancé(e) Visa Application Process
To apply for a K-1 fiance(e) visa, it involves the following steps:
- To apply for a K-1 fiance(e) visa, it involves the following steps:
- The U.S. citizen fiancé(e) must initiate or petition a K-1 Visa in the U.S. on behalf of the foreign fiancé(e).
- The initial filing packet will be adjudicated by the United States Citizenship and Immigration Services (USCIS) in the U.S.
- Once the initial filing is approved, the K-1 petition will be forwarded to the National Visa Center and the overseas consulate post where the foreign fiancé(e) resides.
- A fiancé(e) visa interview will be taken place during this stage of the process. The general purpose of the K-1 interview is to ascertain that the fiancé(e) relationship is genuine, and the overseas fiancé is admissible.
- Once the K-1 visa is approved, the K-1 visa holder has generally six months to enter the U.S. before expiration of the visa.
- Upon entering the U.S. on the K-1 fiance(e) visa, the foreign national fiancé(e) must marry the U.S. citizen fiancé(e) within 90 days.
Post marriage Adjustment of Status petition from K-1 Visa to Permanent Resident
Getting married with a U.S. citizen does not automatically grant you the legal status to permanent live in the U.S. Upon marriage with your U.S. citizen fiancé(e), you will be eligible to file for a permanent residence status by adjusting your K-1 visa to a permanent resident. Adjustment of status is a separate application as it leads to conditional residency as all marriages to a US Citizen less than 2 years at time of approval are conditional.
Learn more about Post Marriage Adjustment of StatusWhy hire us?
Due to the complexity of fiancée visa and adjustment of status and the potential issues affecting your eligibility such as past immigration, marriage, or personal history, we strongly advise you to hire an experienced immigration lawyer to guide and represent you through this important process. We have over 25 years of collective experience helping married couples start their lives together in the United States. Please contact us for a K-1 consultation today.