FIANCE(E) VISA: K1
This visa is available to unmarried couples where the foreign-born partner lives abroad, and allows the K-1 visa holder to travel to the US to marry and adjust status.
K-1 VISA PROCESS AND PROCEDURE
A K-1 fiancé visa allows the unmarried partner of a U.S. citizen to enter the United States. The couple must then marry no more than 90 days after that entry. After marriage, the K-1 visa holder will be eligible to apply for permanent residence (a “green card”).
The K-1 visa may not be right for everyone. Getting married first and applying for a spousal visa might be a better choice than applying for a fiancé visa. The decision depends on your living situation, the amount of time you are comfortable being apart from your partner, and several other factors.
It takes 6 – 8 months on average for US Citizenship and Immigration Services (USCIS) to process Form I-129F, the petition required to apply for this visa, and an additional 4-6 weeks to receive instructions from the National Visa Center (NVC) to continue the process.
The USCIS filing fee for Form I-129F is $535. A petitioner may pay with a money order, cashier’s check, or personal check. If you are filing at a USCIS lockbox facility, you can pay by credit card using Form G-1450. All checks must be made payable to the US Department of Homeland Security (DHS).
Before the interview at the US Embassy, the engaged partner of the US citizen must have a medical exam. The cost for the exam varies, but $200 is typical.
Finally, before the interview at the embassy, the applicant will be required to pay a “visa fee.” The fee for the consular K-1 visa application is $265. You will be provided with specific instructions on when and where to pay this fee.
The K-1 visa allows a US citizen to sponsor their fiancé to come to the US. Both partners must have the intention to get married within 90-days after the sponsored fiancé arrives in the US from abroad.
Requirements include:
- K-1 visa holders must be sponsored by a US citizen. Legal Permanent Residents are not eligible to sponsor this visa.
- The couple must be legally able to marry, and provide all divorce decrees, death certificates, and/or annulments from prior marriages.
- The intending immigrant must obtain a police clearance certificate, per the requirements set out by the Department of State.
- K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.
- The couple must show through evidence that they have met in person within the two (2) years prior to applying.
- Each partner must show that they are ready, willing and able to marry within 90-days of the sponsored fiancé’s arrival in the US.
K-1 VISA PROCESS
First, USCIS requires that the U.S. citizen fiancé file Form I-129F to establish the authenticity of the relationship.
Form I-129F requires the following supporting documents:
- US citizen fiancé’s proof of citizenship (copy of passport, naturalization certificate, citizenship certificate, or birth certificate)
- Copy of the sponsored fiancé’s passport
- One passport-style photo each of the sponsored fiancé and the US citizen fiancé
- Photos, correspondence, and sworn statements from friends and colleagues to demonstrate the credibility of the relationship.
- Evidence of meeting in person at least once in the two years prior to filing (photos, correspondence, flight itineraries, hotel receipts, etc.)
- Sworn personal statements, written and signed by each partner, describing the relationship and the intent to marry within 90 days of the sponsored fiancé’s arrival in the United States.
When the form and supporting documents are submitted to the appropriate address, USCIS will send a receipt notice, usually within 30 days. If more information is needed, you may also be sent a Request for Evidence (RFE). USCIS will send an approval notice once Form I-129F has been approved.
Following this, USCIS transfers the case to the Department of State. Within about 60 days (but usually closer to 30), the sponsored fiancé will receive a notice from the US embassy in their home country, which includes detailed instructions on the steps ahead: form DS-160, the medical exam, interview, and any other required evidence.
The sponsored fiancé must then complete the State Department’s online DS-160 form called the “Online Nonimmigrant Visa Application.” Printing the confirmation page once the form has been submitted online is very important because this is the actual K-1 visa application.
The State Department then requests the following materials:
SPONSORED FIANCÉ DOCUMENTS
- Birth certificate
- Two passport-style photos
- An unexpired, valid passport
- Police clearance from all countries in which you have lived for at least six months since the age of 16
- Sealed medical exam form (obtained from a physician authorized by the State Department)
US CITIZEN FIANCÉ DOCUMENTS
- Affidavit of support (Form I-134)
- Most recent tax returns
- I-129F Approval Notice
- Birth Certificate/US Passport (While the original document is preferred, a copy will also suffice).
K-1 VISA INTERVIEW
Visa interviews are conducted at the nearest US embassy or consulate in the sponsored fiancé’s home country, typically within 4–6 weeks of receiving the embassy’s notice.
In most cases, the interviewing officer will make a decision during or shortly after the interview. If additional documentation is needed, they will ask for it to be submitted directly to the US consulate.
The sponsored fiancé has a total of six months to travel to the United States after the K-1 visa is approved.
Once in the US, the couple must get married within 90 days, or the sponsored fiancé will need to depart the US. The sponsored fiancé must leave the country immediately if the couple decides not to marry.
The K-1 visa cannot be changed into another temporary visa (F-1, B-2, etc.). One also cannot “adjust status” to a green card based on marriage to anyone other than the original U.S. citizen sponsor. The purpose of the K-1 visa is to unite the couple in the US, get married within 90 days, and adjust status to a green card holder.
After getting married, the final step is to apply for an adjustment of status to a legal permanent resident, initiated by the United States citizen spouse who sponsored the original K-1 fiancé visa.
From start to finish, AVA attorneys work hard to ensure your K-1 journey is smooth and your questions are answered. Start your journey today!