Want to Marry Your Fiancé in the U.S.? Discover the K1 Visa!
The K-1 Fiancé(e) Visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States for marriage. Once granted, the couple must marry within 90 days of the fiancé(e)'s arrival. This visa also allows any unmarried children under 21 to accompany the fiancé(e). After arriving, your fiancé(e) can apply for work authorization and a Green Card. If either party has a criminal record, consulting with an immigration attorney is crucial to navigate the process. Processing times can vary, so start your application today.
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What if my fiancé (e) has children? Can they immigrate with him/her?
Can my fiancé(e) work when s/he arrives with K-1 visa?
Can my fiancé(e) get a K1 visa if s/he has had some criminal problems in his/her home country?
What if I, US citizen, have a criminal record?
What are the steps and how long does it take to obtain a fiancé(e) visa?
FAQ - Frequently Asked Questions
What is the K1 Fiancé(e) Visa?
The K1 Fiancé(e) Visa is a non-immigrant visa that allows the foreign fiancé(e) of a U.S. citizen to travel to the U.S. with the intention of getting married. After the marriage, which must occur within 90 days of arrival, the visa holder can apply for Adjustment of Status to become a permanent resident (green card holder).
Who can apply?
U.S. citizens who are engaged to foreign nationals can apply for the K1 visa for their fiancé(e). To be eligible, the following requirements must be met:
Genuine Relationship: The couple must prove that the relationship is genuine and that there is an intention to marry within 90 days after the fiancé(e) arrives in the U.S.
Previous Meeting: The couple must have met in person at least once within the last two years before filing the petition, unless extreme hardship or cultural reasons prevented the meeting.
Citizenship of Sponsor: Only U.S. citizens (not permanent residents) can sponsor a K1 visa.
What are the eligibility criteria for the K1 Visa?
To qualify for the K1 visa, the applicant must:
File Form I-129F: The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).
Proof of Relationship: Documents such as photos, emails, travel tickets, and testimonies can be used to demonstrate the authenticity of the relationship.
Pass the Consular Interview: After the I-129F petition is approved, the foreign fiancé(e) must pass an interview at the U.S. consulate in their home country, where documents and the intention of marriage will be reviewed.
What happens after the marriage in the U.S.?
After arriving in the U.S. with the K1 visa, the couple must marry within 90 days. After the marriage, the K1 visa holder can apply for Adjustment of Status to obtain a green card. During this process, the newly married individual can apply for a work permit and travel authorization (Advance Parole).
Benefits and Considerations
The K1 visa allows the foreign fiancé(e) to enter the U.S. with the intention to marry and eventually adjust their status to permanent resident. This process facilitates the couple's reunification in a relatively short period. However, the marriage must occur within 90 days, and failure to meet this deadline may require leaving the U.S.
What if the marriage does not happen?
If the marriage does not occur within 90 days, the K1 visa holder must leave the U.S. Failure to comply with this requirement may result in legal complications and potential future restrictions on re-entering the U.S.
This visa offers a clear path for couples who wish to unite in the United States, but it is crucial to strictly adhere to the requirements to ensure a smooth process.