The K-1 Visa, commonly known as a Fiancé Visa, is a U.S. non-immigrant visa that allows a foreign citizen to enter the United States to marry their U.S. citizen partner. To qualify, both parties must be legally free to marry, and they must have met in person at least once within the past 2 years, though there are rare exceptions to the meeting requirement. In most cases, eligible children of K-1 visa applicants receive K-2 visas. According to the visa’s guidelines, couples must marry within 90 days of the non-citizen partner’s arrival.
If you are an American citizen and want to bring your foreign fiancé(e) to the United States, it is time to become familiar with the process of applying for a K-1 visa. It begins when the U.S. citizen files Form I-129F with USCIS. Once this petition is approved, the foreign fiancé applies for the K-1 visa at their local U.S. embassy or consulate. After entering the United States, the couple must marry within 90 days, or the foreign fiancé must leave the country. This 90-day requirement is strictly enforced. In most cases, the foreign fiancé cannot change to another visa status while in the U.S. This is because the K-1 visa is considered a "single intent" visa. In other words, it was created exclusively for one purpose: to allow a foreign fiancé to enter the U.S. to marry their U.S. citizen partner.
After the marriage takes place, the foreign spouse can apply for adjustment of status to become a permanent resident (obtain a green card). Minor children of the foreign fiancé may be eligible for K-2 visas to accompany their parents to the United States.
The entire process usually takes about 4-7 months from application to approval, which is shorter than many other visa wait times. However, it is important to keep in mind that there may be delays depending on the nature of your case and USCIS caseload.
Overall, K-1 visas come with many benefits. It is a relatively quick process, offers a path to a green card, and is open to all couples. This can be especially helpful if your home country doesn’t allow same-sex marriage. Nevertheless, K-1 visas come with critical implications that all applicants should be aware of. For personalized legal support, and advice regarding whether you should apply for a K1 visa or marriage-based green card, reach out to an Attorney At Law specialist. Our expert attorneys are here to help.
