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A K-1 visa – also called a Fiancé Visa – allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married in no more than 90 days later. In this article, we will explain how to apply for a K1 visa.
Visas K-1 are available to couples of the same sex, regardless of whether the laws in the home country of the sponsored fiancé allows the marriage of the same sex.
If you have already married, plan to do so outside of the United States or if your fiancé is already residing legally in the United States, your fiancé will not be eligible for a K-1 visa.
To be eligible to take your fiancé to the United States you must meet the following requirements
You can find official information about the visa K1 and the requirements on the USCIS website.
After receiving a K-1 visa, your fiancé can enter the United States for up to 90 days. During this time, you must complete all legal requirements and ceremonial obligations for your marriage, or else you will be deported.
The children under 21 and singles of the engaged couple, can also accompany them to the United States by applying for a Visa K-2 as direct beneficiaries. They can travel with their parents but cannot travel to the United States before your fiancé.
Status K-1 and K-2 of non-immigrant expires automatically after 90 days and cannot be extended. In general, your fiancé and your children must leave the United States at the end of 90 days if they do not marry. If you do not leave the United States, you will violate the US immigration laws. This can result in deportation and could affect your future eligibility for US immigration benefits.
There is no firm deadline for applying for a K-1 visa, but you should plan to apply several months in advance of your wedding. Once you file the petition, it is valid for four months. If circumstances prevent its approval during this time, you can apply for an extension. Hiring an attorney can help speed up the process to make sure your application is complete and that it makes a good case. Follow the next steps to know how to apply for a k1 visa.
United States green card holders (permanent residents) are not eligible to sponsor a fiancé for a K1 visa.
This fiancé visa petition form requires several supporting documents. Keep a copy of the entire application before submitting these parts.
2. Cover letter.
This should list the petition’s contents and a complete description of what you are petitioning. Don’t forget to sign and date the letter.
3. Form I-129F. This is also known as the petition.
Declaration and proof of meeting. This should describe how and when you and your fiancé met during the past two years. Evidence can include boarding passes, train tickets, passport stamps, or dated photos of the two of you together. Copies of phone bills, letters, and emails don’t usually meet this requirement.
4. Commitment to marry
Both the petitioner, or the U.S. citizen, and the beneficiary, or the foreign national, should sign this statement. It should confirm that you intend to marry within 90 days of receiving a K-1 visa.
5. Two separate G-325a forms. Complete and sign one for each fiancé.
6. Two passport-sized photos. Submit one of each fiancé.
7. Proof of U.S. citizenship.
Submit a copy of the U.S. citizen’s birth certificate or a passport with at least five more years of validity.
8. Copies of divorce decrees.
This is only applicable if either party has been married previously.
9. Proof of name changes
This is only applicable if either party has had other legal names.
10. Copies of police and court records
This is only applicable if either party has been convicted of certain crimes.
11. Names of any children
Even if the beneficiary doesn’t intend to move children to the United States right away, the petition should list all minor children that might move to the U.S. in the future.
12. G-1145 form to your application
This e-notification form is optional and authorizes the USCIS to communicate about your application by email or text.
13. Pay the I-129F fee.
The current fee is $535 USD, This fee may change depending on new ordinances of the United States Government.
14. Receive a Notice of Action
Also known as an I-797 or a NOA2, this approval notice confirms that your petition has been received and will be forwarded to the National Visa Center (NVC).
15. Schedule a physical examination
Packet 4 explains how the beneficiary should get and schedule the required exam. In addition to a complete medical examination, this should also include proof of all vaccines prior to an official interview. Request a copy of the DS-3025 form that the doctor
16. Completes, and keep this on file.
Schedule an interview at the U.S. Consulate. The K1 visa applicant must schedule an interview at his or her local consulate. Bring the following items, also known as packet 3, to the interview:
17. A complete copy of I-129F application
Letter confirming your intention to marry your fiancé
18. I-134 Affidavit of Support form
You will need to submit this along with evidence of your income and savings, including a statement from your financial institution, a letter from your employer, a copy of your last tax return, or a list of your bonds. This should show that your income is at least 100 percent of the federal poverty guidelines and requires you to sponsor your fiancé for a limited time.
19. Copy of the NOA2
Proof of your relationship: This should cover the period from the time you filed the I-129F form until the present.
20. DS-156 and DS-156K Nonimmigrant Visa Application forms
21. DS-230 Immigrant Visa and Alien Registration Application forms
Medical exam and vaccination records. You generally need to be vaccinated against polio, measles, mumps, rubella, tetanus, pertussis, influenza type B, hepatitis B, varicella, and pneumococcal.
22. Pay the K-1 visa fee.
The current fee is $265 USD. This fee may change depending on new ordinances of the of the United States Government.
23. Enter the United States and get married
The K1 visa applicant must marry his or her sponsor within 90 days of entering the country.
24. File for AOS to apply for employment authorization and conditional permanent residence.
Filing Form I-485 and Form I-864 indicates that the K1 visa holder has married his or her sponsor and allows the visa holder to stay in the United States for more than 90 days. It also allows the K1 visa holder to work legally in the United States and grants a conditional green card that lets the K1 visa holder live legally in the U.S. for up to two years. The fee for this is $1,140 USD plus an $85 USD fee for biometric services. This fee may change depending on new ordinances of the of the United States Government.
25. Apply for a Social Security Number.
26. Apply to have the conditional status removed.
Filing Form I-751 removes the conditions on your U.S. residence after two years. This nonconditional green card lets the K1 visa holder reside in the U.S. legally and permanently. The fee for this is $595.This fee may change depending on new ordinances of the of the United States Government.
With travel costs, medical exam costs, and filing fees, applying for a K1 visa is expensive. To lower the costs of marrying a foreign national, some couples opt for a marriage-based visa instead. This is less expensive upfront but can impact your finances later. If you get married and then petition for your spouse to move to the United States on a marriage-based visa, you will need to prove that your income is at least 125 percent of the federal poverty guidelines.
In addition, if you apply for a marriage-based visa, you must sign Form I-864, which legally binds you to support your spouse or repay the U.S. government for public assistance until your spouse becomes a U.S. citizen, achieves 40 work quarters toward Social Security, or dies.
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