Visas for Fiancé(e)s of U.S. Citizens

A K-1 fiancé visa is a sort of nonimmigrant visa that allows a U.S. citizen’s fiancée to enter the country to marry them.

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen.
The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry their U.S. citizen sponsor within 90 days of arrival.
After they are married, the foreign citizen will then apply for adjustment of status to become a permanent resident (LPR) with USCIS.
Eligible children of K-1 visa applicants receive K-2 visas.

What is a “Fiancé”?

A fiancé(e) is a person who is engaged to be married.
Both the U.S. citizen and the fiancé(e) (K-1 visa applicant) must be legally free to marry at the time the petition was filed and must remain so thereafter.
In order to be eligible to file for the K1 visa, the foreign citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years.

- USCIS may grant an exception to this requirement, based on extreme hardship wherein it would be nearly impossible for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e) in person (very difficult to prove), or,
- If it is contrary to the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.

Filing the Petition

After the U.S citizen has met the above requirements, the U.S. citizen can then file Form I-129F, Petition for Alien Fiancé(e), with the USCIS.
After USCIS approves the petition, it is sent to the National Visa Center.
The NVC will assign a case number and send the approved petition to the U.S. Embassy or Consulate where the fiancé(e) lives.

Second Step: Applying for a Visa

The NVC will notify the petitioner when it sends the case to the U.S. Embassy or Consulate.
Eligible children of K-1 visa applicants may apply for K-2 visas.

Separate applications must be submitted for each K visa applicant, and
Each K visa applicant must pay the visa application fee.

Next, your fiancé(e) and children who are applying, must take the below-listed actions to apply for a K-1 visa and prepare for the interview.

Required Documentation

Complete Form DS-160, Online Nonimmigrant Visa Application (any eligible children applying for K-2 visas must also complete this form)
Must have a valid passport to travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
Birth certificate.
Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
Medical examination with proof of required vaccines
Evidence of financial support (Form I-134), Affidavit of Support, may be requested)
Two (2) 2×2 photographs.
Evidence of relationship with your U.S. citizen fiancé(e)
Payment of fees, as explained below

Fees

Filing an Alien Fiancé(e) Petition, Form I-129F-$535
Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)-$265.
Medical examination (required for each K visa applicant; costs vary from post to post)
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
Filing Form I-485, Application to Register Permanent Residence or to Adjust Status- $1225.

Rights and Protections – Pamphlet

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and the protection available to you.
Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé(e)s that USCIS received from other government agencies during the processing of their Form I-129F petitions.

Common Questions:

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS.
A consular officer can extend the validity of the petition if it expires before visa processing is completed (this has been happening a lot due to COVID).

How Long Will It Take to Get My K Visa?

Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances.
Sometimes cases are delayed because applicants do not follow instructions carefully or supply incomplete information.
It is important to input all of the correct addresses and telephone numbers.

What happens after I Receive my K-1 Fiancé(e) Visa?

After you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate.
It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas.
With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.
You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list children on the petition.
Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included in your application for adjustment of status.
The child must be unmarried. And in order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join).
Like you, your children must travel within the validity of their K-2 visas.
Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa.
If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required.
If your child has a valid K-2 visa and you have already adjusted your status to that of a permanent resident, your child may still travel on the K-2 visa.

What are some reasons that I may be denied a visa?

Examples: drug trafficking; overstaying a previous visa; submitting fraudulent documents.
If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is.

Each of the aforementioned categories has various intricacies and nuances. We urge that you obtain legal advice from an immigration professional to help you deal with your particular circumstances and achieve a positive outcome.