Fiancé Visa: (K-1) (I-129 F)

The K-1 nonimmigrant visa is intended for the foreign fiancé(e) of a U.S. citizen. This visa permits the foreign fiancé(e) to come to the United States and marry their U.S. citizen sponsor within 90 days of entry. Following the marriage, the foreign fiancé(e) can apply for adjustment of status to become a permanent resident (LPR) through the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). As the K-1 visa allows the holder to immigrate and wed a U.S. citizen soon after arrival, the fiancé(e) must meet specific immigrant visa criteria. Eligible children of K-1 visa holders may apply for K-2 visas.

In U.S. immigration law, a foreign fiancé(e) of a U.S. citizen is someone who has an approved Petition for Alien Fiancé(e) (Form I-129F) and has obtained a K-1 visa to enter the U.S. for marriage. Both the U.S. citizen and the K-1 applicant must have been legally eligible to marry at the time of the petition and must remain so. The marriage must be recognized by the laws of the state where it takes place. Typically, the couple must have met in person within the last two years, although USCIS may waive this requirement due to extreme hardship or cultural reasons.

Requirements

You might be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following criteria:

You are a U.S. citizen.

You and your fiancé(e) plan to marry within 90 days of their arrival in the U.S. on a K-1 nonimmigrant visa.

Both you and your fiancé(e) are legally free to marry, meaning any previous marriages have been legally dissolved through divorce, death, or annulment.

 You and your fiancé(e) have met in person at least once within the two years prior to filing your petition. You can request a waiver for this meeting requirement if you can demonstrate that meeting in person would:

• Violate strict customs of your fiancé(e)’s culture or social practices, or
• Cause extreme hardship to you, the U.S. citizen petitioner.

The Process

Step 1: Petition for Fiancé(e) – USCIS

• Submit Form I-129F to establish your relationship.
• USCIS reviews the form and may request additional information.
• If approved, the petition is sent to the DOS National Visa Center (NVC); if denied, you will be notified of the reasons.

Step 2: Visa Application – DOS

• The NVC forwards the petition to the U.S. Embassy where your fiancé(e) will apply for a K-1 visa.
• Your fiancé(e) attends a visa interview. If approved, the K-1 visa is valid for six months; if not, the petition may return to USCIS.

Step 3: Inspection at a Port of Entry – CBP

• Upon receiving the K-1 visa, your fiancé(e) travels to the U.S. and seeks admission, which is ultimately decided by a CBP officer.

Step 4: Marriage

• You must marry within 90 days of your fiancé(e)’s admission.

Step 5: Adjustment of Status – USCIS

• After marriage, your fiancé(e) files Form I-485 to apply for a Green Card.
• USCIS reviews the application and may request further documentation or an interview. If married for less than two years, your spouse will receive conditional permanent resident status and a two-year Green Card, after which they must file Form I-751 to remove conditions.

Benefits

The K-1 visa allows your fiancé(e) to enter the United States specifically for the purpose of marrying you.

After entering the U.S. on a K-1 visa, your fiancé(e) can apply for work permission by submitting Form I-765, Application for Employment Authorization. This work authorization will only be valid for 90 days following their arrival in the U.S.

Alternatively, your fiancé(e) can apply for work authorization while applying for a Green Card.

The K-1 visa is an excellent choice for a U.S. citizen looking to bring their fiancé(e) to the United States and help them apply for a green card. The K-1 visa process involves several steps, and it’s crucial to manage these steps properly.

Hiring an attorney for the K-1 visa process can greatly enhance the chances of a successful application and offer reassurance throughout the experience. At McFarling Cohen Fic & Squires, we will guide you through the process of obtaining the K-1 visa. Our team is dedicated to helping you understand each step involved, from filing the initial petition to preparing for the visa interview. We will ensure that you have all the necessary documentation and information required to make your application as strong as possible. With our expertise and experience, you can feel confident that you are navigating this important journey with the right assistance by your side.