Bringing Your Fiancé(e) to the USA: The K-1 Visa Journey

A K-1 visa is a type of non-immigrant visa that allows a foreign national fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. It is also commonly referred to as the “fiancé(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 national to be together in the United States and eventually get married.

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

• Petition: The U.S. citizen petitioner files a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the eligibility of the U.S. citizen and the intention 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 U.S. Department of State’s National Visa Center (NVC) for further processing.
• Consular Processing: The foreign fiancé(e) applies for the K-1 visa at the U.S. embassy or consulate in their home country. They will undergo a medical examination, attend an interview, and provide required documents.
• Visa Issuance: If approved, the U.S. embassy or consulate will issue the K-1 visa to the foreign fiancé(e), allowing them to travel to the United States.
• Entry and Marriage: Upon arrival in the United States, the foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days. After the marriage, they can apply for adjustment of status to become a lawful permanent resident (green card holder).

It’s important to note that the K-1 visa is intended for the purpose of marriage and not for other forms of immigration. Additionally, both the U.S. citizen petitioner and the foreign fiancé(e) must meet certain eligibility requirements and provide evidence of their relationship and intention to marry.

How to apply for a K-1 visa?

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

• U.S. Citizen Petitioner’s Eligibility:
  • The U.S. citizen petitioner must be a legal U.S. citizen.
  • The petitioner and the foreign fiancé(e) must have a genuine intention to marry within 90 days of the fiancé(e) entering the United States.
• File the Form I-129F:
  • The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the petitioner’s eligibility and intention to marry the foreign fiancé(e).
• USCIS Review and Approval:
  • USCIS reviews the petition, and if it is approved, they will send it to the U.S. Department of State’s National Visa Center (NVC) for further processing.
• Apply for the K-1 Visa:
  • The foreign fiancé(e) must apply for the K-1 visa at the U.S. embassy or consulate in their home country. This involves submitting the following documents and undergoing certain steps:
    • Complete the DS-160 visa application form.
    • Pay the visa application fee.
    • Undergo a medical examination by an approved panel physician.
    • Attend a visa interview at the U.S. embassy or consulate.
    • Provide proof of a genuine relationship with the U.S. citizen petitioner, such as photographs, correspondence, and other evidence.
• Visa Issuance:
  • If the foreign fiancé(e) successfully completes the application process and is approved by the U.S. embassy or consulate, they will be issued a K-1 visa, allowing them to travel to the United States.
• Entry and Marriage:
  • The foreign fiancé(e) 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 the U.S. citizen petitioner within 90 days.
• Apply for Adjustment of Status:
  • After the marriage, the foreign fiancé(e) can 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 Adjust Status. This is a critical step to obtain lawful permanent resident status.
• Attend Biometrics Appointment:

Both the U.S. citizen petitioner and the foreign fiancé(e) may be required to attend a biometrics appointment, where their fingerprints, photographs, and signatures will be collected.