K-1 Fiance Visa
K-1 visas are available to the fiances of US citizens. These visas permit the fiances of US citizens to travel to the US for the purpose of marrying within 90 days of arrival.
Frequently Asked Questions
What is a K-1 fiance visa?
The K-1 visa – commonly known as a fiance visa – is US visa that allows the fiance of a US citizen to travel to the US for the purpose of marriage. The US citizen and fiance must marry within 90 days of entering the US on a K-1 visa.
After the K-1 visa holder and US citizen are married, the K-1 visa holder may then apply for a US green card (permanent residency).
Who is eligible for a K-1 fiance visa?
K-1 visas are available for the fiancés of US citizens. To qualify, the US citizen and the fiance must both be eligible to marry, have met in person within the last two years and intend to marry within 90 days of the K-1 fiance entering the US.
Same-sex couples are also eligible for K-1 visas, regardless of the laws of the fiance's home country.
Do you have to be engaged to apply for a K-1 fiancé visa?
Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance’s arrival in the US.
How do you apply for a K-1 fiancé visa?
There are two steps in applying for a K-1 visa. First, the US citizen must file a Form I-129F (Petition for Alien Fiancé) with USCIS with the required documentation. After this is approved, the petition is then sent to the National Visa Center and US Consulate overseas for processing. At this time, the fiancé will need to gather additional documentation and bring this with him or her to their interview at their local US consulate.
What documents are required for a K-1 fiancé visa application?
You must include the following documents, among others, in your K-1 fiancé visa petition:
• Proof that you intend to marry within 90 days of your fiancé entering the US
• Proof that you and your fiancé have met in person within the last two years
• Proof that you are legally able to marry
• Proof of the US citizen petitioner’s citizenship
For more information regarding the documentation needed as part of the K-1 fiance visa application, please schedule a consultation with Adomat Immigration.
Can you work on a K-1 fiancé visa? Do you get a work permit through a K-1 fiancé visa?
As a K-1 visa holder, you are eligible to apply for a US work permit immediately upon arriving in the US – called an Employment Authorization Document (EAD). You can either apply for this directly upon arriving in the United States, or as part of your green card application (Adjustment of Status) after marriage.
Currently, USCIS is taking between 6-8 months to issue Employment Authorization Documents.
How much does it cost to apply for a K-1 fiancé visa?
The current USCIS filing fee for K-1 visas is $535. However, as of October 2, 2020, USCIS filing fees will decrease to $510.
The legal fees for a K-1 visa depend on the specifics of your case. For an evaluation of your case and fee quote, please use this link to schedule a consultation with Adomat Immigration.
How can you get a green card through a K-1 fiancé visa?
After entering the US on a K-1 visa and marrying within 90 days, K-1 visa holders are eligible to apply for permanent residency – also known as a green card.
How long does it take for a K-1 fiancé visa to be approved?
It depends. On average, it takes around a year.
Can you get a K-1 fiancé visa if you have a child?
Yes! Having a child from a previous relationship, or from your relationship with your fiance, does not impact your ability to receive a K-1 fiance visa. If your child also requires a visa, they would qualify for a K-2 dependent visa.
Can you divorce after receiving a K-1 fiancé visa?
Yes! However, the timing of the divorce may impact your ability to apply for a US green card.
To discuss the specifics of your case, please feel free to schedule a consultation with Adomat Immigration here.
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa?
Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border. Filing a K-1 fiancé visa application is evidence that your fiancé intends to travel to the US and remain there as a permanent resident. Therefore, your fiancé must bring clear evidence that he or she will only be visiting the US temporarily and will be returning to his or her home country after the visit.