What is a K1 Fiancé Visa?
The fiancé visa, or K-1 visa, is a nonimmigrant (temporary) visa issued to the fiancé of a U.S. citizen (not available for permanent residents) in order to enter the U.S. for the purpose of getting married. If the couple wishes, the foreign-born person can, after the marriage, apply to get lawful permanent residence (a green card) using the process known as “adjustment of status.” This process does not require leaving the United States for the required green card interview.
Personal Meeting Requirement
Even before you get started on the application process, you should know that the fiancé and the U.S. citizen are required to have met at least two years before filing the K-1 visa petition that starts off the process. Certain exceptions may be made for cases of religious tradition or extreme hardship to the U.S. citizen.
Step One: U.S. Citizen Files Visa Petition
The U.S. citizen, who will from now on be referred to as the “petitioner,” must file a visa petition with United States Citizenship and Immigration Services (USCIS). The petitioner must also submit documentary proof of U.S. citizenship (such as a copy of a birth certificate or passport), as well as evidence of your courtship and intended marriage, a personal statement from each of you on the same topic, proof that you have met within the last two years, and a passport-style color photo of each of you, taken within the 30 days before submitting the petition. If there are any issues that might prevent your marrying — for example, if one of you has been married before — the petitioner will need to submit evidence to overcome that, such as divorce or death certificates for the previous spouse. If and when the petition is approved, USCIS will send the petitioner another Notice of Action advising him or her of the approval. USCIS will then forward the petition to the National Visa Center for handling, after which the file will be transferred to the U.S. embassy or consulate having jurisdiction over the fiancé’s place of residence.
Step Two: Foreign-Born Fiancé Applies to U.S. Embassy or Consulate
The embassy or consulate will inform the fiancé about its requirements for forms, a medical examinations, and documents. Some of these may be country-specific. The fiancé will have to appear before a consular officer for a scheduled interview. After considering the application and evidence, the consular officer will hopefully approve the person for a K-1 fiancé visa to the United States. If the case is denied, there is, for all practical purposes, no right of appeal. But if you can correct the underlying problem, you may reapply.
Step Three: Enter the United States
The immigrating fiancé will need to present the K-1 visa at a U.S. border, airport, or other point of entry. Admission at this point is not guaranteed. If the officer of Customs and Border Protection (CBP) finds evidence that you were not, in fact, eligible for the visa, or are otherwise inadmissible, he or she can deny entry. It is best, if the immigrant plans to apply for a green card, to conduct the wedding as soon as possible after the immigrant’s entry to the United States. That way, you will have time to receive the official marriage certificate before the 90 days on the fiancé visa are up. You will need this official marriage certificate in order to submit the green card application.
Contact us to discuss your case and we will assist you with your application.