A fiancee of a U.S. citizen may apply for a K-1 fiance non-immigrant visa, which allows U.S. entry for 90 days. Within that 90 day period, the U.S. citizen and the foreign fiancee must be married. The fiancee must then apply for permanent resident status in the United States.
K-1 VISA PETITION
To establish K-1 visa classification for an alien fiancee, an American citizen must file an I-129F fiance visa petition with the U.S. Citizenship and Immigration Services (USCIS). The approved I-129F petition will be forwarded by the USCIS to the U.S. Embassy or U.S. Consulate where the foreign citizen fiance will apply for his or her visa. An I-129F petition is valid for a period of 4 months from the date of USCIS action, and may be re-validated by the visa officer.
VISA INELIGIBILITY AND VISA WAIVER
Applicants who (1) have committed serious criminal acts; (2) are likely to become a public charge; (3) have used illegal means to enter the United States; (4) have a communicable disease or a dangerous mental disorder; (5) are drug addicts; or (6) are subject to the J-1 two-year foreign residency requirement, do not qualify for a K-1 visa, unless a waiver of inadmissibility is granted. The waiver must be approved by the USCIS before the visa officer will issue a K-1 visa.
APPLYING FOR A K1 FIANCE VISA
Upon approval of the I-129F petition by the USCIS, the applicant may apply for a K-1 visa with the U.S. Embassy in his or her home country. A fiance visa applicant is an intending immigrant, and therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. Both the American citizen petitioner and alien beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past 2 years unless the USCIS waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a visa officer will interview the fiance. If found eligible, a visa will be issued, valid for one entry during a period of 6 months.
AFTER ENTRY INTO THE UNITED STATES
The foreign citizen fiance must apply for work authorization with the USCIS in order to accept employment in the United States. The marriage must take place within 90 days of admission into the United States. Following the marriage, the foreign spouse must apply to the USCIS for permanent residency. The applicant is initially granted conditional resident status. After 2 years, the applicant may apply with the USCIS for removal of the conditional status.
ADDITIONAL INFORMATION
Family Members
The unmarried, minor children of a K-1 beneficiary derive K-2 non-immigrant visa status from the parent so long as the children are named in the I-129F petition. A separate petition is not required, if the children accompany or follow the foreign citizen fiance within 1 year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Employment
The foreign citizen fiance must apply for work authorization with the USCIS.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
