Overview of the K-1 Fiance(e) Visa Process
The K-1 visa, commonly known as the fiancé(e) visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States to get married. Both partners must be legally free to marry and have met in person within the two years prior to filing the application. The immigrant fiancé typically resides abroad. The process involves first getting a K1 visa, which allows the immigrant partner to enter the United States. You have 90 days from that point to marry and file a green card application to be able to stay. This option is usually the fastest way to get a foreign fiancé physically into the U.S., but the paperwork has more steps and is slightly more expensive than a spouse visa. Click below to learn more about K-1 Fiancé Visas.
Eligibility Requirements
To qualify for a K-1 visa, you must meet the requirements of eligibility listed below.
- The petitioner must be a U.S. citizen.
- Both individuals must be legally free to marry.
- You must have met in person at least once within the last two years (unless a cultural or hardship exception applies).
- You must demonstrate a genuine relationship and intent to marry within 90 days of entry.
- There may be additional requirements or special considerations that apply based on a couple’s individual circumstances. Therefore, a case evaluation would be required to determine if the couple is eligible and whether this is the best path.
Steps in the K-1 Visa Process
Step 1: I129F Petition Filing
A petition, called an I129F, is filed with USCIS to prove your relationship is bonafide and meets the eligibility requirements.
Step 2: NVC Case Transfer to the Consular Post
Once the petition is approved, it is forwarded to the National Visa Center (NVC), which then sends it to the U.S. embassy or consulate in your fiancé(e)’s country.
Step 3: Fiancé(e) Visa Interview
Once the case arrives at the U.S. embassy or consulate in your fiance’s country, they will have to complete a required interview.
Step 4: Travel to the U.S. & Apply for a Green Card
You must get married within 90 days of arrival and file an application to adjust status to a green card holder. USCIS may also decide to call you and your spouse in for an interview to ask questions about your relationship and immigration history.
When can you work?
Around 4-8 months after filing your request for a green card, you’ll receive work authorization. Unfortunately, this is an approximation and sometimes USCIS runs behind. If you have more questions about getting work authorization during this process, click below for more information.
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