K-1 Fiancé(e) Visas

To bring a foreign fiancé to the United States for marriage, a U.S. citizen needs to obtain a K-1 nonimmigrant visa (also known as a K-1 Fiancé Visa) for their fiancé. But there are certain eligibility criteria that must be met.

Firstly, both the U.S. citizen and fiancé must intend to marry each other within 90 days of the fiancé entering the U.S. as a K-1 nonimmigrant. The marriage must be valid, meaning that both parties have a genuine intention to establish a life together and the marriage is not solely for obtaining an immigration benefit.

If the U.S. citizen and fiancé marry within 90 days of the fiancé being admitted to the U.S., the fiancé may apply for lawful permanent resident status in the United States, also known as a Green Card.

To be eligible for a fiancé(e) visa, a U.S. citizen must meet the following requirements:

• Be a U.S. citizen
• Intend to marry your fiancé(e) within 90 days of their admission to the United States on a K-1 nonimmigrant visa
• Both parties must be legally free to marry, meaning you are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment
• Both parties must have met in person at least once within the 2-year period before filing the petition. However, a waiver of the “in-person meeting” requirement is available if the meeting in person would violate strict and long-established customs of the fiancé(e)’s foreign culture or social practice or result in extreme hardship to the U.S. petitioner.

The process for a U.S. citizen to bring their fiancé(e) to the United States involves five steps:

Petition for Fiancé(e) – USCIS

The process begins with the U.S. citizen filing a non-immigrant petition with the United States Citizenship and Immigration Services (USCIS) to recognize the relationship between the U.S. citizen and foreign national fiancé(e). Upon approval, the petition is forwarded to the Department of State (DOS) National Visa Center (NVC).

Visa Application – DOS

The NVC forwards the approved petition to the U.S. Embassy or Consulate nearest to the foreign national fiancé(e)’s location, where they will apply for a K-1 non-immigrant visa. The Embassy or Consulate will then schedule a visa interview and notify the applicant. During the interview, the DOS consular officer will assess whether the foreign national fiancé(e) qualifies for the K-1 non-immigrant visa. If approved, the visa will be valid for up to 6 months for a single entry.

Inspection at a Port of Entry – CBP

Once the DOS issues a K-1 non-immigrant visa, the foreign national fiancé(e) travels to the United States and seeks admission at a port of entry (e.g. airport) within the 6 months visa validity.

Marriage

Upon admission to the U.S. in K-1 non-immigrant visa status, the U.S. citizen and foreign national fiancé(e) have 90 days to marry each other.

Adjustment of Status – USCIS

If the marriage occurs within 90 days, the foreign national fiancé(e) – now spouse – can apply for an adjustment of status, i.e. green card from within the United States. USCIS will then schedule an interview for the U.S. citizen and spouse. If the marriage is less than 2 years old at the time of green card approval, USCIS will grant the spouse conditional permanent resident status and issue a green card valid for 2 years. The spouse will need to apply to remove the conditions on their residence in the 90 days before their green card expires.

Children of Fiancé(e)s

The child of a K-1 applicant may accompany the parent as a K-2 non-immigrant visa holder, as long as the child is unmarried and under the age of 21. The names of the children must be included on the original petition. Lastly, children may travel with the K-1 parent or enter the U.S. after, but they cannot travel to the U.S. before the K-1 parent. To remain eligible for the green card, K-2 children must remain unmarried at the time of filing the adjustment of status application.