FIANCÉE VISA (K-1)
IF YOU ARE ENGAGED TO AN AMERICAN CITIZEN AND WISH TO GET MARRIED AND RESIDE IN THE UNITED STATES, YOU MAY BE ELIGIBLE FOR A FIANCÉE (K-1) VISA.
What is a Fiancée visa?
The K-1 visa, also called Fiancé(e) Visa, allows a fiancé(e) of an American citizen to enter the United States if they intend to marry each other within 90 days after entering the country. The newly married spouse can then apply for permanent residency (Green Card) based on the marriage.
If you are an American citizen and wish to bring your foreign fiancé(e) to the United States to get married, the first step is to fill out Form I-129F, Petition for Alien Fiancé(e). The marriage certificate must be delivered as proof to the Department of Homeland Security before the permanent move of the foreign citizen to the USA. If you are already married, plan to get married outside the United States, or your fiancé(e) is already a legal resident in the United States, your fiancé(e) is not entitled to a K-1 visa.
Who is eligible for the K-1 fiancé(e) visa?
You may be eligible to bring your fiancé(e) to the United States on a K-1 visa if you meet
the following requirements:
- You are an American citizen.
- You and your fiancé(e) intend to get married within 90 days of your fiancé(e)’s admission to
United States on a non-immigrant K-1 visa.
- You and your fiancé are legally able to get married in the USA (that is, if there was a previous wedding, it was legally terminated by divorce, death, or annulment).
- You and your fiancé(e) met in person at least once in the period of 2 years before
you submit your petition. You can request a waiver of this requirement if you can prove that this personal meeting:
- Violates the customs of your fiancé(e)’s foreign culture; or
- It would result in extreme difficulty for you.
How is the process to bring your fiancé(e) to the USA?
The process to bring your fiancé will involve the USCIS, the Department of State (DOS) and the U.S. Customs. and Border Protection (CBP). At each stage of the process, criminal background checks and national security checks will be carried out using fingerprints, names or other biographical or biometric information. You may check all the steps below:
- Petition for Alien Fiancé(e) – USCIS
Form I-129F, Petition for Alien fiancé(e) must be sent to the USCIS, so that the relationship between you and your fiancé is validated. Once your eligibility is established, Form I-129F is approved and sent to DOS National Visa Center (NVC).
2: Visa application – DOS
NVC forwards the approved Form I-129F to the Embassy or Consulate where your fiancé(e) will request a non-immigrant K-1 visa. When preparing for the interview, candidates must take a physical exam performed by an accredited physician. The applicant must also provide evidence that he/she is able to support themselves financially or with the help of your American fiancé(e). In case of approval in the interview, the consulate will grant the K-1 visa, which is valid for up to 6 months for a single entry.
3: Inspection at a port of entry – CBP
With the K-1 visa, your fiancé(e) can travel to the United States where a CBP officer will make the final decision about your fiancé(e)’s admission.
After entering the USA, you have 90 days to get married.
5: Status adjustment – USCIS
Now your spouse can apply for a Green Card by filling out Form I-485, Application for Registration of Permanent Residence or Adjustment of Status. You and your spouse must attend an interview. If Form I-485 is approved less than two years from your wedding date, USCIS grants your spouse a conditional permanent resident status and issues Green Card that is valid for 2 years. Ninety days prior to the expiration date of this Green Card, your spouse must send Form I-751 to the USCIS, Petition to remove conditions of residence in the USA.
What if my fiancé(e) has a child?
If the child is under the age of 21 and is not married, a K-2 visa may be granted.
Can my fiancé(e) work in the USA?
Yes, after admission, your fiancé(e) can apply for a work permit by filling out Form I-765.
For more information regarding fiancee visas (K-1), visit the official USCIS website: https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens
If you would like to bring your fiancé(e) to legally reside in the USA, contact AG Immigration.
We are one of the leading immigration consultancy and law offices in the United States. Our mission is to make your American dream come true, and for that we have a highly qualified team of renowned lawyers and professionals with extensive knowledge of the complex U.S. immigration laws.
AG is present in several cities: Las Vegas, Los Angeles, New York, Orlando, Tampa and Miami, in addition to our representatives in Brazil. And to further expand our operational capacity, we have an online call center. We are ready to assist you regardless of where you are, with integrity, responsibility, and commitment.
Contact the AG Immigration to make your dream come true. At AG your dream is our goal!