K-1 Fiancé Visa
The K-1 visa is intended for foreign national fiancé(e)s who intend to enter the US to marry a US citizen.
- The K-1 visa is unlike other nonimmigrant visas in that it was created to help certain intending immigrants obtain admission to the United States. To be eligible for the K-1 visa, the couple must have a bona fide intention to marry within 90 days of the foreign national fiancé(e)’s entry into the US. Both parties must be legally able to marry, and both must have previously met in person within two (2) years of applying.
Period of Stay:
- 90 days.
Dependent Family Members:
Dependents including children under 21 years of age are eligible for K-2 status.
- The US citizen must file an I-129F Petition with US Citizenship & Immigration Services (USCIS) on behalf of the foreign national fiancé(e). After the I-129F Petition is approved, the foreign national may apply for the K-1 visa at a US consulate. Once the US consulate issues the K-1 visa, the foreign national fiancé(e) may enter the United States. The K-1 visa is a single entry visa and the foreign national fiancé(e) is admitted for 90 days to marry the US citizen petitioner.
- The K-1 visa permits the foreign national fiancé(e) to work in the United States if s/he applies for employment authorization.
- USCIS processing times are subject to change but average ten (10) months.
- Visa appointment availability is subject to change but interviews at the foreign national fiancé(e)’s local U.S. consulate generally occur within four (4) to six (6) months following USCIS approval, assuming no government administrative processing delays.
- After the marriage of the foreign national fiancé(e) and the US citizen within the 90 day period, the foreign national fiancé(e) must apply to adjust status to Lawful Permanent Resident.
- If the foreign national does not marry the US citizen petitioner within the 90 day period, s/he must leave the United States or become subject to removal (deportation).