FIANCÉ VISA (K-1)
Any foreign-citizen fiancé of a US citizen may be eligible to apply for a K-1 visa. A K-1 visa will allow the foreign-citizen fiancé to travel the United States in order to marry his or her US citizen sponsor within 90 days following the arrival to the US. Please note that form I-129F Petition for Alien Fiancé(e) will need to be filed out at the time of application for the nonimmigrant K-1 visa. You will need to demonstrate that your relationship is valid and that it was not done with the purpose of eluding US immigration laws.
In order to be able to sponsor your foreign national fiancé, you will have to meet the following criteria:
Following the marriage, the foreign national should immediately apply for “an adjustment of status” to have their nonimmigrant status be changed to permanent resident status in the US, also known as a Green Card holder.
The K-1 visa is typically granted for a period of four (4) months. However, despite the validity period of 120 days, you must get married within 90 days of your fiancé’s arrival to the US.
In a case where the fiancé has children whom they would like to bring with them to the United States, the K-1 visa has a provision by which dependents of the K-1 applicant could enter the US as nonimmigrants by requesting a K-2 visa. If the dependent children are under the age of 21, an application will normally be submitted at the same time as the K-1 application.
If you are already married, plan to get married outside of the US or if your fiancé is already residing legally in the US with you, they are not eligible for a fiancé K-1 visa. However, they can apply for a K-3 visa, which is available for spouses of a US Citizen. Please note that a K-4 visa is also available, instead of the K-2 visa for the dependents of a US citizens’ spouse.
The K-3/K-4 visa aims to keep families unified while awaiting the decision regarding approval of the immigrant visa petition. The foreign national spouse and any dependents are able to enter and remain in the US on a nonimmigrant K-3/K-4 temporarily.
To find out more about how to apply for the K-1 and related visas, contact one of our KLM attorneys specializing in fiancé visas to the United States today at 1(888) 603-3003.