Bringing Your Fiance to the United States: K-1 Visa Travel

The K-1 visa is a type of non-immigrant visa that allows the foreign citizen fiancé of a U.S. citizen to enter the United States for the purpose of marriage. This is also commonly called a “fiance(e) visa”. The K-1 visa is a way for couples in which one partner is a U.S. citizen and the other is a foreign citizen to live together in the United States and eventually marry.

Here’s how the K-1 visa process typically works:

  • Petition: The U.S. citizen petitioner has filed a Form I-129F, Petition for Alien Fiancé (E), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the U.S. citizen’s eligibility and intent to marry the foreign national within 90 days of their arrival in the United States.
  • Approval: Once the petition is approved by USCIS, it is sent to the US State Department’s National Visa Center (NVC) for further processing.
  • Consular Processing: The foreign fiancé applies for a K-1 visa at the U.S. Embassy or Consulate in his or her home country. They will undergo a medical examination, attend an interview and provide the necessary documents.
  • Issuance of a Visa: If approved, the U.S. Embassy or Consulate will issue a K-1 visa to the foreign fiancé, allowing them to travel to the United States.
  • Entry and Marriage: Upon arrival in the United States, the alien fiancé must marry the U.S. citizen petitioner within 90 days. After marriage, they can apply for adjustment of status to become lawful permanent residents (green card holders).

It is important to note that the K-1 visa is for the purpose of marriage, not other types of immigration. Additionally, both the US citizen petitioner and the alien fiancé(e) must meet certain eligibility requirements and provide proof of their relationship and intent to marry.

How to apply for K-1 visa?

Applying for a K-1 visa involves a multi-step process that typically requires cooperation between the U.S. citizen petitioner and his or her foreign fiancé(e). Here is an overview of the steps involved in applying for a K-1 visa:

  • Eligibility of US Citizen Petitioner:
    • US Citizen The petitioner must be a legal US citizen.
    • The petitioner and the alien fiancé(e) must have a bona fide intention to marry within 90 days of the fiancé(e)’s entry into the United States.
  • File Form I-129F:
    • The US citizen petitioner must file Form I-129F, Petition for Alien Fiancé (E) with the US Citizenship and Immigration Services (USCIS). This form establishes the eligibility and intention of the petitioner to marry the foreign fiancé.
  • USCIS Review and Approval:
    • USCIS reviews the petition, and if it is approved, they will send it to the US State Department’s National Visa Center (NVC) for further processing.
  • Apply for a K-1 Visa:
    • The foreign fiancé must apply for a K-1 visa at the U.S. Embassy or Consulate in his or her home country. It involves submitting the following documents and going through a few steps:
      • Complete the DS-160 Visa Application Form.
      • Pay the visa application fee.
      • Get medical examination done by an approved panel doctor.
      • Attend a visa interview at the US Embassy or Consulate.
      • Provide proof of actual relationship with the U.S. citizen petitioner, such as photographs, correspondence, and other evidence.
  • Issuance of Visa:
    • If the foreign fiancé successfully completes the application process and is approved by the U.S. Embassy or Consulate, they will be issued a K-1 visa, which will allow them to travel to the United States.
  • Admission and marriage:
    • The foreign fiancé must enter the United States within the validity period of the K-1 visa, which is usually six months. Once in the United States, they must marry a U.S. citizen petitioner within 90 days.
  • Apply for adjustment of status:
    • After marriage, the alien fiancé(e) may apply for adjustment of status to become a lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or to Adjust Status. This is an important step in obtaining lawful permanent resident status.
  • Attend Biometrics Appointment:

Both the US citizen petitioner and the alien fiancé(e) may be required to attend a biometrics appointment, where their fingerprints, photographs, and signature will be collected.