K-1 Fiancé visa
[:en]The K-1 category allows a U.S. citizen to bring her/his fiancé to the United States on a temporary basis. It requires filing of a petition with the USCIS followed by a visa application at an appropriate U.S. consulate. It is necessary to establish that the relationship is bona fide. Both categories are nonimmigrant, temporary categories. An applicant must demonstrate eligibility for an immigrant visa, as the purpose of the K-1 category is to facilitate entry to the United States in anticipation of filing for permanent residence.
The K-1 permits entry to the U.S. for only 90-days for purposes of entering a marriage with the U.S. citizen petitioner. Further steps must be taken to obtain permanent residence based upon the relationship that formed the basis of the K-1 petition.
Eligibility Requirements
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
- You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
- You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
- An employee who is presently employed in H1B status may utilize the portability provisions of the American Competitiveness in the Twenty-/First Century Act (AC21) to transition their H1B to a different employer.
- The spouse and minor child/ren of an H1B employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.
Application and Authorization Process
The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.
- You file Form I-129F, Petition for Alien Fiancé(e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e).
Time duration for approval
6-8 weeks
Forms required to be submitted for this application
- Form I-129F
How we can help
Our attorneys are available to consult with both you and your fiancé to discuss all the steps involved for approval of the K-1 visa and subsequent marriage within 90 days and post marriage filing Form I-485, Application to Register Permanent Residence or Adjust Status. To start the process:
Contact Us Schedule an Appointment (Audio/Video Conference) Start Online Application
