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

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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.