The K-1 nonimmigrant visa or fiancé(e) visa is granted to a foreign national who will be traveling to the United States to marry a U.S. citizen within 90 days of admission to the United States for a “genuine” marriage, i.e., for the purpose of establishing a life together and not just for immigration benefits.
To be eligible for this type of visa, the foreign national must have met his or her fiancé in person at least once within the two years preceding the application, provided that it does not contravene the customs of his or her culture or social practice and that it does not involve an extremely difficult situation for the American.
Benefits:
- Allows unmarried children under 21 years of age of the alien to be eligible for a K-2 visa.
- Grants a 90-day work permit with the completion of Form I-765.
Fiancé Visa Application for the United States
- The U.S. citizen must file Form I-129F, which has a non-refundable fee of USD $535, with the USCIS.
- The form must be approved by USCIS and forwarded to the DOS National Visa Center (NVC).
- The NVC will forward the approved form to the appropriate embassy or consulate.
- The foreigner must apply for the K-1 visa at his/her embassy or consulate, where he/she will undergo an interview and will be asked to submit the following documents:
- Confirmation of diligence of Form DS 160 (virtual)
- Valid passport
- Birth certificate
- Divorce or death certificates evidencing separation from each marital relationship of both the foreign national and U.S. citizen
- Criminal records
- Medical certificate resulting from a previous medical examination
- Confirmation of diligence of Form I-134, “statement of financial support” and evidence that the alien is capable of financially supporting himself and his U.S. dependents in the United States or that his U.S. fiancé is capable of financially supporting himself and his U.S. dependents in the United States.
- Two 2×2 photographs
- Evidence of the veracity of the relationship
- Invoices for payment of forms
To be taken into account
- If the DOS officer grants the K-1 nonimmigrant visa, it will be valid for a single entry and will be valid for 6 months.
- The granting of a visa does not guarantee entry into U.S. territory, as this decision is made by a CBP (Customs and Border Protection) officer at a port of entry.
Do not meet the marriage requirement
If you do not marry within 90 days of the alien fiancé’s admission, your nonimmigrant status will automatically expire after 90 days without the possibility of extensions.
If they meet the marriage requirement
The now-foreign spouse can apply for his or her green card by filing Form I-485 and going to a new interview.
If you were married for less than two years at the time of approval of the Form I-485, USCIS will grant conditional permanent residence, issuing a green card valid for only 2 years. To remove the conditions of residency, Form I-751 must be completed and filed within 90 days prior to the expiration of the green card.
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