The K-1 Visa Explained
What is the K-1 Visa?
The K-1 visa is known as the fiancé(e) visa. It allows the foreign fiancé(e) of a US citizen to come to the U.S. and get married within 90 days of arrival. The K-1 visa is classified as a nonimmigrant visa, so it does not automatically provide a path to legal permanent resident (“LPR”) status. However, once the foreign fiancé(e) gets married, the foreign spouse may apply for adjustment of status to become an LPR and obtain a green card.
What is the 2-year rule for K-1 Petitions?
As part of the initial evidence for filing a Petition for Alien Fiancé(e) (Form I-129F), the couple must provide evidence that they have met each other in person within the 2 years of the filing of the Form I-129F. There is an exception to this requirement - that meeting in person would violate “strict and long-established customs” of the fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the US Citizen petitioner.
What is the process for filing for a K-1 Visa?
First, the US Citizen fiancé(e) files a Petition for Alien Fiancé(e) (Form I-129F) with USCIS.
Once a Form I-129F is approved by USCIS, USCIS will forward the petition to the National Visa Center (NVC), who assigns a case number. The NVC then forwards the petition to the US Embassy or Consulate where the foreign fiancé(e) will need to apply for the actual K-1 Visa.
The Department of State will issue the foreign fiancé(e) a notice letting the foreign fiancé(e) know when it is time to apply for the K-1 visa using the Form DS-160. During this time, the foreign fiancé(e) must schedule and attend a medical examination with an authorized physician.
Once the US Embassy or Consulate receives the application, the foreign fiancé(e) attends a visa interview with a consular officer. If the officer finds that the applicant is a bona fide fiancé(e) and is not otherwise inadmissible or ineligible for the visa, the K-1 Visa will be issued. The K-1 Visa is only valid for up to 6 months and 1 single entry into the US.
How long does the K-1 Visa Application Take?
Generally, the processing time at USCIS for a K-1 application is taking 6-8 months.
What documents are needed to file a Form I-129F with USCIS?
In general, the following documents should be provided:
Evidence of the Petitioner’s US Citizenship (birth certificate, naturalization/citizenship certificate; Form FS-240 Consular Report of Birth Abroad; US passport);
Evidence of termination of prior marriages, if any (divorce decrees, annulment orders, death certificates);
Passport-style photographs of both the US Citizen and fiancé(e);
Evidence of intent to marry within 90 days of admission of the foreign fiancé(e) to the US; and
Evidence that the couple met in person within 2 years of filing the Form I-129F.
If USCIS needs more information, they will send a “Request for Evidence”. Additional documentation may be required during the visa interview.
What documents should the foreign fiancé(e) bring to the visa interview?
After completing the DS-160, the foreign fiancé(e) will be provided with a confirmation page. Print that and bring it to the visa interview. Other documents that may be required include:
Passport-style photographs for the foreign fiancé(e);
Foreign fiancé(e)’s birth certificate, and translations if not in English;
Foreign fiancé(e)’s valid, unexpired passport;
Police clearance obtained from all countries of residence of more than 6 months for the foreign fiancé(e);
Sealed medical exam for the foreign fiancé(e);
Affidavit of Support (Form I-134) completed by the US Citizen fiancé(e);
US Citizen fiancé(e)’s most recent tax returns; and
Proof of relationship.
Can the foreign fiancé(e) bring their children with them to the US?
Yes, a K-1 visa holder may bring their unmarried children under the age of 21 to the US on what is known as K-2 Visas. It is important to list all children on the initial K-1 Petition.
What happens after the foreign fiancé(e) comes to the US?
When the foreign fiancé(e) arrives in the US, the couple has 90 days to get married.
Once the couple gets married, they can apply for an adjustment of status for the foreign spouse to obtain legal permanent residence status using the Form I-485.
Can an LPR apply for a K-1 Visa for a foreign fiancé(e)?
No. The K-1 Visa is only available to US Citizens and their foreign fiancé(e)s.
Does all this sound like a lot of information to handle alone?
Let the attorneys at Eccles & Taruc Law, PLLC, assist you with reconnecting you with your loved ones. Fun fact - Attorney Justin Taruc went through the process himself and knows how to successfully navigate through this complex and often frustrating process.
