K-1 Visa: The Fiancé(e) Visa

The K-1 visa, also known as the fiancé(e) visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States with the intention of marrying within 90 days of their arrival. After the marriage, the foreign fiancé(e) can apply for a green card through Adjustment of Status. Below is a detailed guide to the K-1 visa process, eligibility, and required documentation.

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Who Qualifies for a K-1 Visa?

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To qualify for a K-1 visa, both the U.S. citizen petitioner and their foreign fiancé(e) must meet specific eligibility requirements:

1. U.S. Citizen Petitioner:

   • The petitioner must be a U.S. citizen (green card holders cannot sponsor a K-1 visa).

2. Intent to Marry:

   • Both parties must have a bona fide intention to marry within 90 days of the fiancé(e)’s arrival in the U.S.

3. Proof of Relationship:

   • Must provide evidence of a genuine relationship.

4. In-Person Meeting Requirement:

   • The couple must have met in person within the last two years before filing the petition, unless:

     • Meeting would violate strict cultural, religious, or social customs.

     • It would cause extreme hardship to the U.S. citizen petitioner.

5. Legal Capacity to Marry:

   • Both parties must be legally eligible to marry (e.g., no ongoing marriages, proper age).

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Step-by-Step K-1 Visa Process

Step 1: File Form I-129F (Petition for Alien Fiancé(e))

The U.S. citizen petitioner initiates the process by filing Form I-129F with USCIS.

• Required Documents:

  1. Completed Form I-129F.

  2. Proof of U.S. citizenship (passport, birth certificate, or naturalization certificate).

  3. Passport-sized photos of both petitioner and fiancé(e).

  4. Evidence of relationship:

     • Photos together.

     • Correspondence (emails, chats, social media posts).

     • Travel itineraries or boarding passes for visits.

  5. Proof of in-person meeting:

     • Photos, receipts, or affidavits from witnesses.

  6. Statement of intent to marry, signed by both parties.

• Filing Fee.

• Processing Time: 8–12 months for USCIS approval of Form I-129F.

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Step 2: USCIS Approval and Case Forwarding

Once USCIS approves the I-129F petition:

• The case is sent to the National Visa Center (NVC), which assigns a case number.

• NVC forwards the case to the appropriate U.S. embassy or consulate in the foreign fiancé(e)’s country.

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Step 3: Visa Application (Form DS-160)

The foreign fiancé(e) completes Form DS-160 (Online Non-Immigrant Visa Application) and schedules a visa interview at the U.S. embassy or consulate.

• Steps:

  1. Complete the DS-160 online and pay the visa application fee (currently $265).

  2. Print the DS-160 confirmation page and payment receipt.

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Step 4: Medical Examination

The foreign fiancé(e) must undergo a medical examination by an embassy-approved physician.

• Requirements:

  • Proof of vaccinations.

  • Tests for communicable diseases like tuberculosis.

  • Payment for medical fees (varies by location).

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Step 5: Attend the Visa Interview

The foreign fiancé(e) attends the visa interview at the U.S. embassy or consulate.

• Required Documents:

  1. Passport (valid for at least six months beyond the intended entry date).

  2. Form DS-160 confirmation page.

  3. Birth certificate.

  4. Police clearance certificate from all countries where the fiancé(e) lived for more than six months since age 16.

  5. Medical examination results.

  6. Evidence of relationship (e.g., photos, correspondence, affidavits).

  7. Proof of petitioner’s financial ability (Form I-134 Affidavit of Support, tax returns, bank statements).

• Interview Focus:

  • The consular officer will ask about the couple’s relationship, plans for marriage, and intent to adjust status.

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Step 6: K-1 Visa Issuance

If approved:

• The K-1 visa is typically issued within a few weeks.

• The visa is valid for 6 months, allowing the fiancé(e) to enter the U.S. at any time within that period.

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Step 7: Entry into the U.S. and Marriage

The foreign fiancé(e) enters the U.S. on the K-1 visa.

• Key Requirements:

  • The couple must marry within 90 days of arrival.

  • Failure to marry within 90 days requires the fiancé(e) to leave the U.S., or they risk removal (deportation).

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Step 8: Adjust Status to Permanent Resident

After the marriage, the foreign spouse can apply for a green card by filing Form I-485 (Application to Adjust Status).

• Documents Needed:

  • Marriage certificate.

  • Proof of relationship (joint accounts, leases, etc.).

  • Medical exam results (if not submitted earlier).

  • Form I-864 (Affidavit of Support) from the U.S. citizen spouse.

• Filing Fee.

• Processing Time: 8–14 months for green card issuance.

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Key Considerations and Challenges

1. Denials Due to Insufficient Evidence:

   • Solution: Provide thorough documentation proving a genuine relationship and intent to marry.

2. Meeting the Financial Support Requirement:

   • Challenge: The U.S. citizen petitioner must demonstrate an income of at least 100% of the federal poverty guidelines.

   • Solution: Use a joint sponsor if the petitioner’s income is insufficient.

3. Red Flags for Fraud:

   • Age gaps, short relationships, or previous visa denials can raise concerns.

   • Solution: Address these concerns by providing strong evidence of the relationship’s authenticity.

4. Delays in Processing:

   • Processing times can vary based on USCIS and embassy workloads.

   • Solution: Submit a complete and accurate petition to minimize delays.

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Benefits of the K-1 Visa

1. Direct Path to Marriage and Green Card:

   • The K-1 visa allows the foreign fiancé(e) to marry in the U.S. and transition to a green card without leaving the country.

2. Family Inclusion:

   • Minor children of the foreign fiancé(e) can apply for K-2 visas and accompany the parent to the U.S.

3. Relatively Quick Process:

   • Compared to other family-based immigration categories, the K-1 visa offers a faster route to bring your loved one to the U.S.

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How We Can Help

Navigating the K-1 visa process can be overwhelming, but our experienced immigration team is here to help:

1. Petition Preparation:

   • Ensure all forms and evidence meet USCIS and consular requirements.

2. Interview Coaching:

   • Prepare you and your fiancé(e) for the consular interview.

3. Overcome Challenges:

   • Address concerns like RFEs (Requests for Evidence) or prior visa denials.

4. Adjustment of Status:

   • Assist with the green card application after marriage.

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Contact us today to schedule a consultation and take the first step toward bringing your fiancé(e) to the U.S. with a K-1 visa!