Bringing Love Home: A Step-by-Step Guide to the K-1 Fiancé(e) VisaWhat is a K-1 visa?

A K-1 visa is a type of non-immigrant visa that allows the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. The K-1 visa is also known as the “fiancé(e) visa.” The U.S. citizen petitioner must file a petition on behalf of their foreign fiancé(e) with U.S. Citizenship and Immigration Services (USCIS).

Once the petition is approved, the foreign fiancé(e) can apply for a K-1 visa at the U.S. embassy or consulate in their home country. After entering the U.S. on a K-1 visa, the couple is required to marry within 90 days. After the marriage takes place, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).

It’s important to note that the K-1 visa is specifically designed for fiancé(e)s and not for couples who are already married. If the couple is already married, the U.S. citizen petitioner can apply for a spousal visa (CR-1 or IR-1) for their foreign spouse. The K-1 visa process is subject to specific eligibility requirements, and both parties must provide evidence of a bona fide relationship.

How to apply for a K-1 visa?

Applying for a K-1 visa involves several steps, and both the U.S. citizen petitioner and the foreign fiancé(e) must follow the process carefully. Here is a general overview of the steps involved in applying for a K-1 visa:

• U.S. Citizen Petitioner Files a Petition (Form I-129F):
  • The U.S. citizen petitioner initiates the process by filing a Petition for Alien Fiancé(e) (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship and the intent to marry.
• USCIS Processing:
  • USCIS reviews the petition and, if approved, sends it to the National Visa Center (NVC) for further processing.
• NVC Processing:
  • The NVC forwards the approved petition to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
• Fiancé(e) Applies for K-1 Visa:
  • The foreign fiancé(e) applies for the K-1 visa at the U.S. embassy or consulate. This involves submitting a visa application, undergoing a medical examination, and attending a visa interview.
• Visa Interview:
  • The foreign fiancé(e) attends a visa interview at the U.S. embassy or consulate. During the interview, they may be asked questions about their relationship and plans for marriage.
• Visa Approval:
  • If approved, the foreign fiancé(e) will receive a K-1 visa in their passport, allowing them to travel to the United States.
• Travel to the U.S.:
  • The foreign fiancé(e) must enter the U.S. within the validity period of the K-1 visa (usually 6 months) and within 90 days of issuance.
• Marriage Within 90 Days:
  • After entering the U.S., the couple must get married within 90 days of the foreign fiancé(e)’s arrival.
• Adjustment of Status:
  • After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).

K-1 visa checklist of required documents

The specific requirements for a K-1 visa may vary depending on individual circumstances and the U.S. embassy or consulate where the application is being processed. However, here is a general checklist of common documents required for the K-1 visa application process:

For the U.S. Citizen Petitioner:

• Form I-129F, Petition for Alien Fiancé(e):
  • Completed and signed by the U.S. citizen petitioner.
• Proof of U.S. Citizenship:
  • Copy of the U.S. citizen petitioner’s passport, birth certificate, or certificate of naturalization.
• Evidence of the Relationship:
  • Photographs of the couple together.
  • Correspondence (letters, emails, etc.) showing ongoing communication.
  • Proof of in-person meetings within the last two years (if applicable).
• Affidavit of Support (Form I-134):
  • A document affirming the U.S. citizen petitioner’s financial ability to support the foreign fiancé(e).
• Financial Documents:
  • Tax returns (usually the most recent year).
  • W-2 or 1099 forms.
  • Recent pay stubs.

For the Foreign Fiancé(e):

• Form DS-160, Online Nonimmigrant Visa Application:
  • Completed and submitted online.
• Passport:
  • A valid passport that does not expire for at least six months beyond the intended date of travel to the U.S.
• Birth Certificate:
  • A copy of the foreign fiancé(e)’s birth certificate.
• Divorce or Death Certificates (if applicable):
  • If either party has been previously married, documents proving the termination of the previous marriage (divorce decree, death certificate).
• Police Clearance Certificate:
  • A certificate from the police in the foreign fiancé(e)’s country of residence or any other country where they have lived for six months or more since turning 16.
• Medical Examination:
  • A medical examination by an approved panel physician.
• Evidence of Relationship:
  • Photos, letters, or other evidence demonstrating the bona fide nature of the relationship.
• Proof of Financial Support:
  • Although the foreign fiancé(e) does not submit an affidavit of support, it’s helpful to have evidence of their financial situation.

Other Considerations:

• Application Fees:
  • Payment receipts for the required visa and medical examination fees.
• Visa Interview Appointment Confirmation:
  • The confirmation of the scheduled visa interview appointment.
• Translations:
  • If any document is not in English, a certified translation should be provided.