K-1 Fiancé(e) Visas
K-1 Fiancé(e) Visas
Visa fee, payable at the Embassy on the day of scheduled interview.
The visa classification K-1 applies to aliens proceeding to the United States to marry American citizens. The marriage must be concluded within 90 days of their admission into the United States. Following the marriage, the alien spouse must apply to the U.S. Citizenship and Immigration Service (USCIS) to establish a record of entry for conditional permanent residence status. After two years, the alien must apply to the USCIS for removal of the conditional status.
To apply for K-1 visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the USCIS Regional Service Center having jurisdiction over the place of the petitioner's residence in the United States. Such petitions cannot be adjudicated abroad.
Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past 2 years unless the U.S. Attorney General waives that requirement.
The petition takes 90-180 days to process.
The approved petition will then be forwarded by the USCIS to the American Consular office where the alien Fiancé (e) will apply for his or her visa.
A petition is valid for a period of 4 months from the date of USCIS action, and must be revalidated by the consular officer.
All minor children of a K-1 beneficiary derive K-2 non-immigrant visa status from the parent, as long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien Fiancé(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiancé(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms and photographs, the following documents are normally required:
- Valid Passport;
- Form DS-160;
- K NIVs fee
- Original birth certificate (long form) and the birth certificates of all children under 21 (even if they are not applying);
- Proof of termination of all previous marriages;
- Original divorce decree OR death certificate of any previous spouse;
- Police Certificates from all places lived 12 months or more, since age 16;
- Medical examination;
- Evidence of support;
- Evidence of valid relationship with the petitioner;
- Passports and medical examinations for any accompanying children;
Visa issuance can take from 4-12+ weeks to process depending on circumstances.
As soon as the processing of a case is completed and applicant has all necessary documents, a consular officer will interview the fiancé (e) to determine eligibility for a K visa.
Applicants who have a communicable disease; have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa.
The two-year foreign residence requirement for former exchange visitors is also applicable. If found eligible, a visa will be issued, valid for one entry during a period of 6 months.