The K1 fiancé visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S.

I. Benefits of the K1 Fiancé Visa

A. The K1 fiancé visa generally has a shorter waiting period compared to marriage-

based immigration visa petitions

B. You can apply for a work permit and engage in employment

C. Your children can accompany you to the U.S. on the K-2 dependent visa as long

as they are named in the fiancé visa petition

II. Requirements for the K1 Visa

You are eligible for the K1 fiancé visa if:

A. You and your fiancé are legally eligible to marry under the laws of your country

as well as the laws of the U.S.

B. You will marry the petitioning U.S. citizen within 90 days of entering the U.S.

C. You intend to enter the U.S. solely to marry the U.S. citizen

D. You have met the U.S. citizen within the last two years before filing for the K-1

fiancé visa. However, this requirement can be waived only if meeting your fiancé

in person would violate long-established customs, or would create extreme

hardship for you

III. Applying for the K-1 Visa

1. Filing the K1 Petition

Your U.S. citizen fiancé must file the K1 fiancé visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) along with the application and documents:

•  Petition for Alien Fiancé (If you have unmarried children who are under 21, they are eligible to accompany you, but only if they are listed on this form)
• Evidence of U.S. citizenship - Evidence can include original U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship
• Biographic Data Sheets (one for you and one for your fiancé)
• One color photo of you and one of your fiancé taken within 30 days of filing
• Copies of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé have been previously married
•  Proof of permission to marry if you or your fiancé are subject to any age restrictions

2. Applying for the K-1 Visa at an American Consulate

Once the USCIS approves of the petition, it forwards it to the American Consulate where you will be applying for the K-1 visa. The petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

The consular officer will notify you when the approved petition is received and provide you the necessary forms and instructions to apply for a K-1 visa. You may have to submit the following documents as a part of your K-1 fiancé visa application at the American Consulate:

• Valid passport
• Copy of your birth certificate
• Copies of any divorce decrees, death certificates, or annulment decrees if either of you have been previously married
• Police certificate from all places where you have lived since age 16
• Medical examination
• Evidence that your fiancé will support you
• Evidence of valid relationship with your fiancé
• Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background

 

IV. Duration of Stay

You must marry the U.S. citizen within 90 days of entering the U.S. Once the marriage has taken place in the U.S. , you must apply for permanent resident.

V. Children

Your unmarried, minor children derive K-2 nonimmigrant visa status from you as long as the children are named in the K-1 US fiancé visa petition. A separate petition is not required if the children accompany or follow you within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required. They may also be eligible to take up employment during their stay in the U.S.