If you are a citizen of the United States, you can bring your fiancé to the country through the US K-1 Visa. Also known as the fiancé visa, the K-1 Visa allows you to bring your foreign partner into the United States to get married and start your married life together.
However, applying for the US K-1 Visa involves several steps, which can be overwhelming. Here at Checklist Visa, we will walk you through this journey so it can be as smooth as possible. From the eligibility requirements to the application process, this guide will help you understand how you can bring your fiancé to the U.S.
What is the K-1 Visa?
Also called the Fiancé Visa, the US K-1 Visa allows a foreigner engaged to a US citizen to enter the United States for marriage. Once the visa is granted, the couple has to get married within 90 days of the foreign national’s arrival to the States. After getting married, the foreign partner can apply for a permanent residency (Green Card).
To qualify, the US citizen who will petition the foreign partner must be free to legally marry and they have met in person at least once in the past two years. The condition can be waived due to certain factors, including cultural traditions or extreme hardship. In addition, the US citizen should be able to meet specific income requirements, enough to support his or her partner in the US.
Key Eligibility Criteria
Before applying for the US K-1 Visa, one must meet the following eligibility requirements:
1. U.S. Citizen Sponsor Requirements
The sponsor should be a legal citizen of the United States, not just a permanent resident. In addition, they must meet specific income requirements, allowing them to financially support their foreign fiancé during the visa processing and after getting married.
2. Foreign Fiancé Eligibility
Another requirement is that the foreign fiancé who is moving to the United States should be legally free to marry. Therefore, all prior marriages, if there are any, should be legally terminated. More importantly, they should marry the U.S. citizen sponsoring them within 90 days of arriving in the United States.
3. Meeting in Person
It’s also important that the couple have met at least once in the past two years. There may be exceptions to this condition, such as extreme hardship or if it is a violation of strict cultural or religious customs.
4. Proof of a Bona Fide Relationship
During the visa application, the couple should submit evidence that the relationship is legitimate. This includes photographs together, communication records, travel itineraries, and affidavits from family or friends. Proof of engagement can also be used as evidence.
Steps Involved in Applying for the US K-1 Visa
Here are the steps one needs to take when applying for the US K-1 Visa:
1. Submit a Petition (Form I-129F)
The first step is for the US citizen to submit Form I-129F, the Petition for Alien Fiancé. This is to request approval for their fiancé to visit the United States for marriage.
Aside from filling out the form, the petitioner has to submit supporting documents, such as those mentioned above. These include proof of US citizenship, evidence of the legitimacy of the relationship, etc.
2. USCIS Review and Approval
The US citizen has to submit Form I-129F to the U.S. Citizenship and Immigration Services (USCIS) for review and approval. It should typically take around 8 to 10 months, though this will vary depending on some factors.
To acknowledge your petition, the USCIS will issue the Notice of Action 1 (NOA1). This is to confirm that they received your application. But note that this does not mean your petition has already been approved. It only means that the processing has already started.
Once the USCIS reviews and approves the petition, you will receive a Notice of Action 2 (NOA2). This is to confirm that the petition has been approved. They will then forward the approval notice to the National Visa Center (NVC).
3. National Visa Center (NVC) Processing
Once the National Visa Center (NVC) receives your case, they will assign a case number and forward your petition to the US consulate or embassy of the foreign fiancé’s home country or on the country where they plan to apply for the US K-1 Visa. The transfer process could take several weeks.
Once the case reaches the appropriate embassy or consulate, the foreign fiancé(e) will receive instructions to start the visa application process. This includes completing the DS-160 online visa application form, paying required fees, and gathering supporting documents such as a valid passport, birth certificate, and police clearance certificates.
4. Embassy Interview
The embassy will also schedule the foreign fiancé to appear for a visa interview. During the interview, the fiancé must provide additional documents proving the bona fide nature of the relationship and undergo a medical examination. More importantly, he or she must be able to truthfully answer the interview questions. Here are our tips for a successful visa interview.
If successful, they will issue the K-1 Visa, which the foreign fiancé can use to enter the United States for marriage. Here are our tips for a successful visa interview.
Entering the United States with a K-1 Visa
Once the foreign fiancé receives the K-1 Visa, he or she is given six months to enter the United States. At the port of entry, the foreign fiancé will undergo the usual immigration procedures, including getting interviewed by the Customs and Border Protection (CBP) officer. The foreign fiancé must bring a valid passport, a K-1 Visa, and other documents, such as medical exam results.
Once admitted, the couple should marry within 90 days of the foreign fiancé’s arrival in the United States. Remember, this timeline is very crucial. Failure to marry within the given period, the foreign fiancé has to leave the United States.
After marriage, the foreign spouse can apply for permanent residency and become a Green Card holder.
FAQs on the US K-1 Visa
Can a K-1 visa holder work in the U.S.?
Yes, a holder of a K-1 visa can work in the U.S. However, they must first apply for work authorization. If they are already in the U.S., they can file Form I-765, Application for Employment Authorization to be able to work. By law, this permission to work is granted to the K-1 visa holder for 90 days, which is also the period he or she needs to get married. After marriage, the foreign spouse can apply for a permanent residency to get a longer period of employment.
What happens if the couple does not marry within 90 days?
If a K-1 visa holder will not marry his or her U.S. citizen fiancé within 90 days of entering the United States, he or she will be required to leave the country. Failure to marry within the 90-day timeframe will invalidate the K-1 visa and the foreign national will be out of status. This can have potential immigration consequences, such as a prohibition of entry into the United States in the future.
Can children of the foreign fiancé be included in the US K-1 Visa application?
No, children of the foreign fiancé cannot be included in the K-1 Visa application. The K-1 Visa is merely for the foreign fiancé of a US citizen, not their children. However, once they arrive in the United States, and get married to the US citizen, they can apply for K-2 Visas for their kids. The K-2 Visa allows qualified children to enter the United States as dependents of the K-1 visa holder, in case the marriage is solemnized within the required 90 days.
