K-1 Visa – Foreign-Born Fiancé

K-1 Visa – Foreign-Born Fiancé

The K-1 Visa, also known as the Fiancé(e) Visa, is a non-immigrant visa issued by the U.S. to the foreign fiancé(e) of a U.S. citizen. This visa allows the foreign national to enter the U.S. for the purpose of marrying their U.S. citizen partner within 90 days of arrival. Key requirements to the K-1 Visa include:

1. Eligibility:
   • The U.S. citizen must file the petition for the K-1 visa.
   • Both the U.S. citizen and the foreign fiancé(e) must be legally able to marry.
   • The couple must have met in person at least once within the two years prior to filing the visa application. Some exceptions apply, such as extreme hardship or cultural barriers.
2. Marriage Requirement:
   • The couple must marry within 90 days of the foreign fiancé(e) entering the U.S. on the K-1 visa. If they do not marry within this time frame, the foreign national must leave the U.S.
3. After Marriage:
   • Once married, the foreign national can apply for permanent residency (aka Green Card) by adjusting their status in the U.S.
4. Children:
   • The K-1 visa holder can bring their children (under 21 years old and unmarried) to the U.S. on a K-2 visa. These children can also apply for permanent residency after the marriage of the parent.

Process to Obtain a K-1 Visa:

1. Petition: The U.S. citizen files a Form I-129F, Petition for Alien Fiancé(e), with USCIS.
2. Approval and Visa Interview: After the petition is approved, the foreign fiancé(e) applies for the K-1 visa at a U.S. embassy or consulate in their home country. An interview and medical examination are required.
3. Entry to the U.S.: If the visa is approved, the foreign fiancé(e) can enter the U.S.
4. Marriage and Adjustment of Status: After marrying within 90 days, the foreign national can apply for a green card to become a lawful permanent resident.