K-1 Fiancé(e) Visa: Process, Requirements, and Timeline

The K-1 visa, known also as the fiancé(e) visa, is a unique immigration pathway designed for couples who plan to marry in the United States. This particular visa permits the fiancé(e) from another country who is engaged to a U.S. citizen to enter the United States and get married within a 90-day period after arrival.

The K-1 visa process involves various steps, including petitioning for the visa, undergoing background checks, and attending a visa interview. It’s essential for couples planning to wed in the United States to comprehend the requirements and steps of the K-1 visa process.

What Is a K-1 Visa?

The K-1 visa, is a nonimmigrant visa granted by the U.S. government. It enables a foreign fiancé(e) of a U.S. citizen to enter the country for the purpose of getting married. The K-1 visa is designed to facilitate the reunion of engaged couples who intend to marry and reside together in the United States.

It grants the foreign fiancé(e) a temporary stay of up to 90 days, during which they must marry their U.S. citizen sponsor. Following marriage, the spouse can apply for an adjustment of status to attain lawful permanent residence (green card) in the United States.

What Are the Requirements for a K-1 Visa?

The requirements for obtaining a K-1 visa include:

1. Intention to Marry: Both the U.S. citizen petitioner and the foreign fiancé(e) must sincerely want to marry within 90 days of the foreign fiancé(e) entering the United States on the K-1 visa.
2. Eligibility: The U.S. citizen petitioner must meet the legal requirements to marry, meaning they are unmarried and legally able to marry under U.S. law. Both parties must be free to marry and not prohibited by any legal impediments.
3. Meeting in Person: The couple must have met each other in person at least once within the two years before filing the K-1 visa application petition unless meeting in person would violate cultural or religious customs or would result in difficulty for the U.S. citizen petitioner.
4. Financial Support: The U.S. citizen petitioner must meet certain income criteria to show the capability to financially support the foreign fiancé(e) upon their arrival in the United States. If the petitioner falls short of the income requirements, they may need to enlist a joint sponsor who meets the necessary criteria.
5. Legitimate Relationship: The couple must provide evidence to establish the legitimacy of their relationship, including photographs together, correspondence, and documentation of any shared experiences or joint activities.
6. Background Checks: The U.S. citizen petitioner and the foreign fiancé(e) must undergo background checks to ensure they don’t have a criminal record or pose a security risk to the United States.
7. Medical Examination: The foreign fiancé(e) must do a medical check by an approved physician to ensure they are admissible to the United States and do not have any communicable diseases of public health significance.
8. Nonimmigrant Intent: The foreign fiancé(e) must demonstrate nonimmigrant intent, meaning they intend to enter the United States temporarily to get married and adjust their status to lawful permanent residence.

Meeting these requirements is mandatory for a successful K-1 visa application. The couple must provide accurate and comprehensive documentation to support their eligibility and the legitimacy of their relationship.

How Do I Apply for a K-1 Visa?

To apply for a K-1 visa, follow these steps:

1. File Form I-129F: The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the petitioner’s relationship with the foreign fiancé(e) and outlines the intention to marry in maximum 90 days of the fiancé(e) entering the United States.
2. Gather Supporting Documents: Along with Form I-129F, provide supporting documents to prove the legitimacy of the relationship, such as photographs together, correspondence, evidence of in-person meetings, and any other documentation that proves the bona fide nature of the relationship.
3. Pay Filing Fee: The filing fee for Form I-129F is subject to change and can be found on the USCIS website. The fee must be paid by check or money order and submitted along with the petition.
4. USCIS Processing: After USCIS receives the petition, the application and supporting documents will be reviewed. If the petition gets approved, USCIS will send the approved petition to the National Visa Center (NVC) for further processing.
5. NVC Processing: The NVC will send the approved petition to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country. The embassy or consulate will notify the fiancé(e) and provide instructions for scheduling a visa interview.
6. Visa Interview: The foreign fiancé(e) must participate in a visa interview at the U.S. Embassy or Consulate in their home country. During the interview, she will be asked questions about their relationship with the U.S. citizen petitioner and their intention to marry.
7. Medical Examination: Before the visa interview, the foreign fiancé(e) must undergo a medical check by an approved physician to ensure they are admissible to the United States and do not have any communicable diseases of public health significance.
8. Visa Issuance: If the visa interview is successful and the visa application is approved, the foreign fiancé(e) will be issued a K-1 visa, that allows to travel to the United States and marry their U.S. citizen petitioner within 90 days of entry.

To ensure a smooth and successful K-1 visa application, it’s important to follow all instructions carefully and provide accurate information throughout the process.

How Long Does the K-1 Visa Process Take?

The K-1 visa process timeline can vary depending on various factors, including the caseload at the USCIS office processing the petition, the responsiveness of the parties involved, and any potential delays or requests for additional evidence. However, on average, the K-1 visa process typically takes around 6 to 10 months from the time the petition is filed until the foreign fiancé(e) receives their K-1 visa.

Here is a general breakdown of the K-1 visa process timeline:

1. USCIS Processing: After the U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), with USCIS, it can take approximately 5 to 7 months for USCIS to process the petition and issue a decision.
2. NVC Processing: Once USCIS approves the petition, it is sent to the National Visa Center (NVC), which can take several weeks to process the petition and send it to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country.
3. Visa Interview Scheduling: The U.S. Embassy or Consulate will notify the foreign fiancé(e) of their visa interview appointment, which can typically be scheduled within a few weeks to a couple of months after receiving the petition from the NVC.
4. Visa Interview and Medical Examination: The foreign fiancé(e) must attend a visa interview at the U.S. Embassy or Consulate and undergo a medical examination by an approved physician before the interview. This process usually takes a few days to complete.
5. Visa Issuance: If the visa application has passed, the foreign fiancé(e) will be issued a K-1 visa, permitting them to travel to the U.S. The visa is normally valid for a single entry and must be used within a specific timeframe.

While the K-1 visa process can be lengthy, careful preparation and timely completion of all required steps can minimize delays and ensure a smoother process. Both the U.S. citizen petitioner and the foreign fiancé(e) need to stay informed and actively participate in the process to facilitate timely visa issuance and reunite as quickly as possible.

What Is the Cost of a K-1 Visa?

The cost associated with obtaining a K-1 visa includes several fees that applicants are required to pay throughout the application process. The fees may vary depending on the country where the visa application is processed and any additional services or expenses incurred during the process. Here is an overview of the typical costs associated with a K-1 visa:

1. Filing Fee for Form I-129F: The U.S. citizen petitioner is requested to file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). As of 2022, the filing fee for Form I-129F is $535.
2. Visa Application Fee: Once the petition is approved by USCIS and forwarded to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country, the foreign fiancé(e) is required to pay a visa application fee. This fee can vary depending on the country and is paid directly to the U.S. Embassy or Consulate. The fee typically ranges from $160 to $265.
3. Medical Examination Fee: Before attending the visa interview, the foreign fiancé(e) is required to undergo a medical examination by an approved physician. The cost of the medical check varies depending on the country and the physician’s fees. In some cases, additional tests or vaccinations may be required, which could incur additional costs.
4. Other Expenses: In addition to the above fees, applicants may incur other expenses such as transportation to attend the visa interview, document translation fees, and any costs associated with obtaining supporting documents or evidence required for the visa application.

Applicants should budget for these costs and be prepared to pay the required fees at each stage of the K-1 visa application process. Additionally, applicants should check the website of the U.S. Embassy or Consulate where they plan to apply for their visa for specific fee information and payment instructions.

Understanding the Two-Year Requirement for a K-1 Visa

The two-year requirement for a K-1 visa, also known as the K-1 visa two-year rule or K-1 visa residency requirement, pertains to the obligation of the foreign fiancé(e) to marry the U.S. citizen petitioner within 90 days of entering the United States on a K-1 visa and to apply for adjustment of status to lawful permanent resident (green card holder) within two years of marriage.

Essentially, once the foreign fiancé(e) enters the United States on a K-1 visa and marries the U.S. citizen petitioner within the specified 90-day period, they are required to apply to adjust their immigration status to that of a lawful permanent resident. This adjustment of status application must be filed within two years of the marriage date.

Failure to comply with the two-year requirement may result in the foreign fiancé(e) losing their eligibility to adjust status to lawful permanent resident based on the K-1 visa, which could potentially lead to deportation or other immigration consequences.

It’s important for couples planning to marry on a K-1 visa to be aware of and comply with the two-year requirement to ensure a smooth transition to lawful permanent resident status in the United States.

The K-1 Visa Process Explained

The K-1 visa process is a complex yet rewarding journey for couples seeking to unite in marriage in the United States. From filing the initial petition to attending the visa interview and finally obtaining the visa, the process requires careful planning, patience, and adherence to the requirements set forth by U.S. immigration authorities.

While the process may involve various steps and expenses, couples who successfully navigate the K-1 visa process can look forward to beginning their lives together in the United States. By understanding the process and seeking guidance when needed, couples can increase their chances of a smooth and successful outcome.