U.S. Immigrant Visa for Fiancé(e)s (K-1)

1. What is the purpose of a K-1 fiancé visa?


A K-1 fiancé visa is a type of nonimmigrant visa that allows the fiancé of a U.S. citizen to enter the United States for the purpose of getting married within 90 days of arrival. The visa holder must leave the U.S. once the marriage does not take place or if the marriage does not take place within the allotted 90 days.

2. How long does it take to receive a K-1 visa?


It typically takes between 6 to 9 months for a K-1 visa to be processed and approved. This timeline can be affected by various factors, including the U.S. Embassy or Consulate you apply with and the volume of applications they are processing.

3. What documents do I need to apply for a K-1 visa?


To apply for a K-1 visa, you will need to provide documents that demonstrate you and your fiancé(e) meet the legal requirements for a K-1 visa. These documents may include:

• Photographs of both you and your fiancé(e)

• Valid passport for both you and your fiancé(e)
• Birth certificate of both you and your fiancé(e)
• Evidence of termination of all prior marriages of both you and your fiancé(e)
• Evidence of meeting in person within the past two years, such as travel records, hotel receipts, etc.
• Proof of an ongoing relationship between you and your fiancé(e), such as emails, phone records, photos, etc.
• Signed statement from you and your fiancé(e) confirming your intent to marry within 90 days of arriving in the United States
• Proof of financial support, such as a job offer letter or other evidence of financial support
• Police certificates from each country where either you or your fiancé(e) has lived for six months or more after age 16
• Medical examination report completed by an authorized panel physician

4. What is the difference between a K-1 visa and a spousal visa?


A K-1 visa is a non-immigrant visa that allows a foreign citizen to enter the United States in order to marry his or her U.S. citizen fiancé(e). The K-1 visa also allows the foreign citizen to remain in the U.S. for a period of 90 days in order to get married, after which they can apply for adjustment of status and become a permanent resident.

A spousal visa is an immigrant visa that allows a foreign citizen to enter the United States in order to join a spouse who is already living in the United States. The spousal visa also allows the foreign citizen to remain in the U.S. and be eligible for permanent residency.

5. Who is eligible to receive a K-1 visa?


A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a United States citizen. The visa allows the fiancé(e) to enter the United States and marry their U.S. citizen petitioner within 90 days of arrival. To be eligible for a K-1 visa, the following criteria must be met:

• The petitioner must be a U.S. citizen.
• The petitioner and beneficiary must have legally met in person within the last two years before filing for the K-1 visa.
• The petitioner and beneficiary must be legally free to marry, meaning they are not currently married to someone else or divorced within the last two years.
• The beneficiary must be admissible to the United States under all applicable immigration laws.

6. Is there an age requirement for applying for a K-1 visa?


Yes, there is an age requirement for applying for a K-1 visa. The intended beneficiary must be at least 18 years old in order to apply.

7. How much does it cost to apply for a K-1 visa?


The total cost for a K-1 visa application is $535. This includes the $535 visa application fee plus any other applicable fees.

8. Can I bring my children with me on a K-1 visa?


Yes, your children (under 21 years of age and unmarried) may accompany you on a K-1 visa. They must apply for a K-2 visa. Your children can enter the US at the same time as you on a K-2 visa or travel later separate from you with a K-2 visa.

9. How long can a K-1 visa holder stay in the United States?


A K-1 visa holder can stay in the United States for a period of 90 days with the intention of getting married to their US citizen partner during that time. After the marriage has occurred, the K-1 visa holder can then apply for a green card or permanent residency.

10. What is the process to adjust status after entering the U.S. on a K-1 visa?


Once a foreign national enters the United States on a K-1 visa, they must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form must be filed within 90 days of entering the U.S. The applicant must also submit the following documents:

1. Form I-765, Application for Employment Authorization
2. Form I-131, Application for Travel Document
3. Form G-325A, Biographic Information
4. Copy of passport, birth certificate and other valid documents
5. Evidence of bona fide marriage (such as joint bank accounts, lease agreements, etc.)
6. Evidence of financial and medical support
7. Proof of physical presence in the U.S.
8. Proof of good moral character
9. Photographs
10. Fees (a check or money order made out to USCIS)

Once all of the required documents have been submitted and the application has been approved, the foreign national will be granted permanent residence in the United States.

11. How long is the interview process for K-1 visa applicants?


The entire interview process from start to finish can take up to a year or more. The U.S. Department of State recommends that applicants begin the process at least six months prior to the intended date of travel. This timeline can be longer depending on the individual case and availability of documents and appointments.

12. Can I work in the U.S. while I’m on a K-1 visa?


Yes, you can work in the U.S. while on a K-1 visa. However, you must apply for an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) before you can begin working.

13. What happens after I marry my U.S. citizen fiancé while on a K-1 visa?


After you marry your U.S. citizen fiancé while on a K-1 visa, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). In addition, you will need to provide evidence of your marriage to USCIS and be interviewed by an immigration officer. Once your application has been approved, you will be granted permanent resident status in the United States.

14. Are there any restrictions on where in the U.S. I can travel while on a K-1 visa?


Yes. K-1 visa holders are advised not to travel outside of the United States until their marriage to the U.S. citizen sponsor has been legally recognized by USCIS and they have obtained an immigrant visa or a green card. Until that time, K-1 visa holders should not travel to their home country or any other foreign country.

15. Can I extend my stay in the U.S. after my K-1 visa expires?


No, you cannot extend your stay in the U.S. after your K-1 visa expires. You must leave the U.S. and re-apply for a new visa if you wish to stay in the U.S. beyond the expiration of your K-1 visa.

16. What are the requirements for marriage in the U.S.?


In the United States, the specific requirements to get married vary from state to state. Generally, couples must obtain a marriage license from an authorized government office, be of a certain age (usually 18 or 21, depending on the state), and not be already married to someone else. Some states may also require couples to undergo medical exams or blood tests prior to being issued a marriage license.

17. Do I need to obtain health insurance in order to be approved for a K-1 visa?


No. You do not need to obtain health insurance in order to be approved for a K-1 visa. However, if you plan to remain in the US after your marriage and become a permanent resident, you will be required to obtain health insurance.

18. Can I leave and reenter the U.S. while on a K-1 visa?


Yes, you may leave and reenter the U.S. while on a K-1 visa. However, you must have a valid passport and a valid K-1 visa in order to do so.

19. Will my home country recognize my marriage if I get married while on a K-1 visa in the U.S.?


Most countries will recognize a marriage that has been legally performed in the United States. However, it is best to check with the relevant government agencies in your home country to ensure that all applicable laws are followed and that the marriage will be recognized.

20. What if my fiancé and I have different religions or cultures?


It is possible to have a successful marriage between two people of different religions and cultures, if both partners are respectful and understanding of each other’s beliefs. It is important to discuss any potential issues that could arise from the differences in your religions and cultures, such as how to raise children and any other disagreements that could arise. Both partners should come to a mutually beneficial agreement before tying the knot.