The K-1 visa, also known as the Fiancé(e) visa, is a 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. The K-1 visa is a popular option for couples who wish to marry in the U.S. and begin their life together.

Key Features of the K-1 Visa

1. Eligibility
   • U.S. citizen sponsor: The petitioner (sponsor) must be a U.S. citizen. Lawful permanent residents (Green Card holders) cannot sponsor a fiancé(e) for the K-1 visa.
   • Intention to marry: The couple must have a genuine intention to marry within 90 days of the fiancé(e)’s arrival in the U.S. The marriage must occur within this time frame.
   • Relationship history: The couple must have met in person at least once within the past two years before filing the petition. There are exceptions to this requirement, such as extreme hardship or cultural practices that prevent in-person meetings.
   • Legal capacity to marry: Both individuals must be legally free to marry. If either person was previously married, they must provide proof of divorce, annulment, or the death of a spouse.
2. Duration of Stay
   • The K-1 visa allows the fiancé(e) to enter the U.S. and stay for up to 90 days. During this period, the couple must marry.
   • If the couple does not marry within the 90-day period, the fiancé(e) must leave the U.S., or they will be considered out of status and could face deportation.
3. Path to Permanent Residency
   • After marrying the U.S. citizen within the 90-day period, the foreign national spouse can apply for adjustment of status (Form I-485) to become a permanent resident (Green Card holder) in the U.S.
   • The process to obtain permanent residency involves submitting additional forms, such as Form I-864 (Affidavit of Support), and attending a Green Card interview with USCIS.
   • The spouse will receive a conditional Green Card if the marriage is less than two years old at the time of adjustment. After two years, they can apply to remove the conditions on their Green Card.
4. Application Process
   • Step 1: Petition for Alien Fiancé(e) (Form I-129F): The U.S. citizen files a petition for the K-1 visa with U.S. Citizenship and Immigration Services (USCIS).
   • Step 2: National Visa Center (NVC) Processing: After the petition is approved by USCIS, the case is forwarded to the National Visa Center (NVC). The applicant will need to submit additional documents, such as a medical examination, police clearance, and evidence of the relationship.
   • Step 3: Visa Interview: The fiancé(e) will attend an interview at the U.S. embassy or consulate in their home country, where a consular officer will review the application and ask questions about the relationship.
   • Step 4: Visa Issuance: If the visa is approved, the fiancé(e) will receive the K-1 visa and can travel to the U.S. to marry the U.S. citizen.
   • Step 5: Adjustment of Status (Form I-485): After the marriage takes place, the foreign national spouse can apply for a Green Card by filing Form I-485 with USCIS to adjust their status to permanent resident.
5. Required Documentation
   • Form I-129F (Petition for Alien Fiancé(e)) filed by the U.S. citizen sponsor.
   • Proof of the U.S. citizen’s citizenship (e.g., U.S. passport, birth certificate).
   • Evidence of a genuine relationship: Photos, communication records, travel history, etc.
   • Proof of meeting in person within the past two years (unless exempt).
   • Police certificates from the foreign national’s country of residence.
   • Medical exam results from an approved physician.
   • Evidence of legal ability to marry: Divorce decrees, death certificates (if applicable).
6. Work Authorization
   • The K-1 visa holder is eligible to apply for a work permit (Employment Authorization Document, or EAD) while in the U.S. and awaiting their marriage and adjustment of status. However, they cannot work until they have obtained this authorization.
7. Travel Restrictions
   • While on a K-1 visa, the fiancé(e) is allowed to travel to the U.S., but if they leave the U.S. before marrying the U.S. citizen, they may have trouble returning.
   • After marriage and during the adjustment of status process, the foreign national spouse must apply for advance parole if they wish to travel outside the U.S. without jeopardizing their Green Card application.
8. Conditional Permanent Residency
   • If the marriage is less than two years old at the time of adjustment of status, the spouse will receive a conditional Green Card. They must file Form I-751 to remove conditions before the two-year mark, or the Green Card will become invalid.
   • If the marriage is two years old or more when the Green Card is granted, the spouse will receive a permanent Green Card.

Advantages of the K-1 Visa

1. Faster entry to the U.S.: The K-1 visa allows the foreign national fiancé(e) to enter the U.S. quickly for the purpose of marrying their U.S. citizen partner, and they can marry soon after arrival.
2. Ability to work: After entering the U.S. on the K-1 visa, the fiancé(e) can apply for work authorization, which allows them to work legally while awaiting their adjustment of status.
3. Path to permanent residency: Once married, the foreign national spouse can apply for permanent residency (Green Card) through the adjustment of status process.
4. Family reunification: The K-1 visa allows couples to reunite in the U.S. and start their life together, even if they come from different countries.

Important Considerations

• Marriage within 90 days: The fiancé(e) must marry the U.S. citizen within 90 days of arrival in the U.S. If they do not marry within this time frame, the fiancé(e) must leave the U.S., or they could face deportation.
• Meeting in person: The couple must have met in person at least once in the last two years before filing the petition, unless they qualify for an exemption based on hardship or cultural practices.
• Fraud prevention: U.S. immigration authorities scrutinize fiancé(e) visas to ensure the marriage is legitimate and not entered into solely for immigration purposes. Evidence of a genuine relationship is crucial.
• Adjustment of status process: After marriage, the foreign national spouse must apply for adjustment of status (Green Card), which can take several months and may involve interviews and additional documentation.

Conclusion

The K-1 visa is a popular option for U.S. citizens who want to bring their foreign fiancé(e) to the United States to get married. It allows the foreign national to enter the U.S. for the purpose of marriage and later apply for permanent residency. However, the visa requires the couple to marry within 90 days, and the foreign national must go through the adjustment of status process to become a permanent resident after marriage. The K-1 visa offers a pathway for families to unite, but the process requires careful planning and thorough documentation to ensure success.