K-1 Fiancé(e) Visa
The K-1 fiancé(e) visa is design for couples who are separated and the foreign fiancé(e) is outside the U.S. It gives an opportunity for a foreign-born fiancé(e) to come to the U.S. with the intention of marrying their U.S. citizen fiancé(e) who is sponsoring their visa.
What is a fiancé(e)?
According to immigration regulations, the definition of a fiancé(e) is anyone who receives an I-129F Petition for Alien Fiancé(e) that has been approved. This person should also be coming to the U.S. to marry the U.S. citizen that has sponsored him or her and filed the petition on his or her behalf. Both members of the relationship must not have any binding marital obligations. These means that any previous marriages must have been terminated through divorce, annulment, or death, leaving each fiancé(e) free to marry in the U.S. on the date when the I-129F petition is filed with the USCIS. The marriage must also adhere to the laws that are particular to the specific state where the marriage ceremony will happen. The couple is required to have met in-person at least once within the two years immediately prior to filing the I-129F petition.
K-1 Visa Process
The K-1 process has three main steps:
The U.S. citizen sponsoring the foreign fiancé(e) must submit an I-129F, Petition for Alien Fiancé(e) to the USCIS. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office.
After the USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and the NVC will send it to the U.S. consulate or embassy after assigning it a case number.
Once the U.S. embassy or consulate where the foreign-citizen fiancé(e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé(e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be called in for an interview at the consulate for the issuance of a K-3 visa.
Traveling to the US
Once the K-1 visa is received at the U.S. consulate or embassy abroad, the foreign fiancé(e) is eligible to travel to the U.S. Upon entry to the U.S., the couple has 90 days to get married legally (meaning registered with the state, not just a religious ceremony). After the couple is married, the foreign-born spouse is able to apply for Adjustment of Status (green card application) in order for him/her to work and live permanently in the U.S.