K1 Fiancé Visa

A K1 visa allows a fiancé(e) of a U.S. citizen to enter the United States as a non-immigrant, get married shortly after his or her arrival, and adjust status to that of a permanent resident after marriage.

K1 visa is very useful, and even necessary, in cases where an American citizen cannot legally marry his/her fiancé(e) in a foreign country due to local laws, traditions, or religious reasons. Sometimes couples prefer to have their wedding in the United States and K1 visa will be the way to go.

Since K1 visa is one of the fastest ways to immigrate to the U.S., it has been a favorite vehicle used in visa fraud. For this reason USCIS and consular officers closely scrutinize K1 visa applications, in an attempt to detect marriage fraud and scams.

See detailed comparison between K1 and K3

What is a fiancé(e)?

A fiancé(e) is a person engaged to get married. Fiancé refers to a man who is about to be married; an engaged woman is called fiancée.

What are the general requirements for a K1 visa?

• The marriage must be legally possible in the state of residence of the U.S. citizen, e.g., both people must be of legal age to get married;
• Any previous marriages, if any, must have properly and legally ended;
• The two parties must have met in person at least once within the past two years. The only exception is when such a meeting is prohibited because of cultural or religious traditions, for which USCIS may grant a waiver to this requirement.
• They must prove that financially they are unlikely to become public charges, through the use of Affidavit of Support (Form I-134);
• Although K1 belongs to the non-immigrant visa (NIV) category, a fiance (fiancee) is also considered an immigrant and as a result, must be eligible for an immigrant visa.

How to apply for a K1 visa?

• You, the American citizen, need to file form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS). You cannot file this petition at a U.S. embassy or consulate abroad.
• If I-129F is approved, USCIS sends the petition to National Visa Center (NVC), operated by the Department of State;
• NVC processes the case and forwards it to the embassy or consulate where your fiance or fiancee will apply for a K1 visa;
• U.S. embassy or consulate sends out instructions on medical examinations, visa interview, supporting documents, etc.
• Your fiance (fiancee) and you prepare all the documents, and schedule an interview appointment;
• The I-129F is valid for four months after its approval, but a consular officer can revalidate it if needed, especially if it takes several months to schedule an appointment;