The K-1 fiancé(e) visa is a nonimmigrant classification of marriage-based visa that is designed for the foreign-born fiancé(e)s of U.S. citizens. It gives those foreign fiancés(e)s the opportunity to come to the U.S. with the intention of marrying their U.S. citizen fiancé(e)s who are sponsoring their visas.

The K-1 visa provides 90 days for the marriage to take place. After that, the foreign fiancé(e) can apply for an adjustment of status with the USCIS to become a Lawful Permanent Resident (LPR) and receive a green card. The K-1 visa also allows for any dependents of the foreign fiancé(e) to come to the U.S. under K-2 visa status. Since the primary purpose of this visa class is for eventual permanent immigration, applicants will need to fulfill some requirements usually associated with an immigrant visa.

Definition of a Fiancé(e)K-1 Visa Lawyer

According to the regulations set by United States immigration law, the official definition of a fiancé(e) is anyone who receives an I-129F Petition for Alien Fiancé(e) that has been approved. This person should also be coming to the U.S. to marry the U.S. citizen that has sponsored him or her and filed the petition on his or her behalf.

Both members of the relationship must not have any binding marital obligations. These means that any previous marriages must have been terminated through divorce, annulment, or death, leaving each fiancé(e) free to marry in the U.S. on the date when the -129F petition is filed with the USCIS. The marriage must also adhere to the laws that are particular to the specific state where the marriage ceremony will happen.

Here are the main steps in the K-1 process:

The U.S. citizen who is sponsoring the foreign fiancé(e) must submit an I-129F, Petition for Alien Fiancé(e) to the USCIS field office closest to the area where the U.S. citizen lives. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office.

After the USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and the NVC will send it to the U.S. consulate or embassy after assigning it a case number.

Once the U.S. embassy or consulate where the foreign-citizen fiancé(e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé(e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be called in for an interview at the consulate for the issuance of a K-3 visa.