The K-1 fiancé(e) visa is a non-immigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. To apply for a K-1 visa, the U.S. citizen sponsor must first file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This petition is submitted to establish the legitimacy of the relationship and demonstrate the intent to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S. The U.S. citizen must provide proof of their citizenship, as well as evidence of the relationship, such as photographs, travel records, and communication records, to show that they have met in person within the past two years (unless a waiver is granted).
Once the Form I-129F is approved by USCIS, the petition is forwarded to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the fiancé(e)’s home country. At this stage, the foreign fiancé(e) will need to submit additional documents for the visa interview, such as a valid passport, medical examination results, police clearance certificates, and evidence of financial support from the U.S. citizen sponsor. The U.S. citizen sponsor may also need to submit Form I-134, Affidavit of Support, to prove that they have the financial means to support their fiancé(e) once they enter the U.S. The fiancé(e) will then attend an interview at the U.S. embassy or consulate, where a consular officer will assess the application and make a decision on whether the K-1 visa will be issued.
If the K-1 visa is approved, the foreign fiancé(e) can travel to the United States, where they must marry the U.S. citizen within 90 days of arrival. Once married, the foreign spouse can then apply for a change of status to become a lawful permanent resident (Green Card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. The process to adjust status includes submitting additional documents and undergoing a background check, medical examination, and biometrics appointment. Upon approval, the foreign spouse will receive a Green Card, granting them lawful permanent residency in the United States. Given the complexity of the K-1 visa process, it is recommended that applicants consult with an immigration attorney to ensure all documentation is correctly submitted and the process goes smoothly.
