K-1 Visa │ Fiancé(e) Visa

What is a K-1 Visa?

The K-1 visa is a nonimmigrant visa for the foreign-citizen fiancé(e) of a U.S. citizen. It is also called a fiancé(e) visa. The K-1 visa allows the foreign-citizen fiancé(e) to travel to the United States to marry the U.S. citizen petitioner within 90 days of arrival.

Adjustment of Status through K-1 Visa

After entering the United States on a K-1 visa and marrying the U.S. citizen petitioner within the required 90 days, the K-1 visa holder (foreign fiancé) becomes eligible to apply for adjustment of status to obtain permanent residency in the United States. For more information on this subject, see our Adjustment of Status page.   

Fiancé Visa Requirements

K-1 visa requirements:

• The petitioner must be a U.S. citizen.
• The petitioner and the alien fiancé(e) must have met in person within two years of filing the petition (this requirement may sometimes be waived).
• Both parties must be legally free to marry.
• The alien fiancé(e) must be admissible or eligible for a waiver.
• Both parties must intend to marry each other within 90 days of the alien fiancé(e)’s admission to the United States on a K-1 visa.

What’s the time frame for marrying after my fiancé(e) arrives in the United States?

The couple must marry within 90 days of the fiancé(e)’s arrival in the United States.

Process for Fiancé Visa

The K-1 visa process consists of several steps:

• The U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services. (Note: This petition cannot be filed at a consulate, embassy or U.S. immigration office abroad.) The I-129F petition must include all required supporting documents.
• After USCIS approves the petition, it is sent to the National Visa Center, which then transfers the petition to the U.S. embassy or consulate where the alien fiancé(e) resides. It typically takes approximately 4-6 weeks from the time USCIS approves the I-129F petition until the fiancé(e) receives a letter from the U.S. embassy or consulate indicating that they are ready to process the fiancé(e) visa case.
• When the embassy or consulate informs the fiancé(e) that the petition has been received, the fiancé(e) can then pay the visa application fee, submit the K-1 visa application, schedule an interview, attend the interview at the embassy or consulate, and obtain the K-1 visa. 

What documentation is required from a fiancé at the consulate?

At a minimum, the fiancé(e) applying for a K1 visa will be required to bring the following items to the visa interview at the consulate or embassy:

• Confirmation page for the submitted online DS-160 Visa Application;
• A passport valid for travel to the U.S., with a validity date at least six months beyond his or her intended period of stay in the United States (unless an exemption applies);
• Results of the medical examination (which is done at a specific location, as  indicated on the website of the applicable consulate or embassy);
• Police certificates from the fiancé(e)’s country of residence and all countries where the fiancé(e) has lived for six months or more since age 16;
• Evidence of financial support: the fiancé / fiancée must present documentation that he/she is able to financially support himself/herself or that the U.S. citizen petitioner is able to provide support.

What is the period of validity of the I-129F petition?

The I-129F petition is valid for 4 months from the date of approval by U.S. Citizenship and Immigration Services. A consular officer has the authority to extend the validity of the petition if it expires before the  K-1 visa is issued.

Can the fiance’s children come to the United States?

Yes, eligible children of a K-1 visa applicant will receive K-2 visas and will be able to come to the United States either at the same time as the K-1 visa holder or after.

Is a separate petition required for the fiance’s child?

No, the U.S. citizen petitioner does not need to file a separate petition for the fiancé(e)’s child  if the child will accompany or follow the fiancé(e) within one year from the date of issuance of the K1 visa. (Note, however, that the child must be named in the I-129F petition.) All eligible children may apply for K2 visas based on the approval of the I-129F petition filed on behalf of the foreign-citizen fiancé. Separate visa applications must be submitted for each K2 applicant either at the time when the K1 visa application is submitted or within a certain period after the K1 visa is issued. Each K visa applicant must pay the visa application fee.

Can a K-1 visa holder leave the United States and come back on the same visa?

This visa allows a fiancé(e) to enter the U.S. only one time. If the K-1 visa holder leaves the U.S., he or she will not be able to reenter on the same visa. If you have an emergency, or you left the United States and want to come back for the purpose of marrying the same U.S. citizen who petitioned for your K-1 visa, please contact an attorney to see what can be done in your situation.

K1 Visa Application

After the I-129F fiancé visa petition is approved, the foreign fiancé(e) will need to submit a DS-160 nonimmigrant visa application. The DS-160 form must be filed online. You can find the DS-160 form here.

How to apply for a social security number?

After your fiancé or fiancée has been admitted into the United States, he or she can apply for a social security number by visiting your local Social Security Office. To get more information on how to apply, please visit the website of the Social Security Administration. To find your local office, please use the Social Security Office Locator. Please also keep in mind that even though your fiancé(e), technically, can request a SSN upon his/her entry into the United States with a K1 visa, it’s not unusual to discover that government employees working in some Social Security Offices do not know that K1 visa holders are authorized to request a social security number and get a social security card.

Why Should You Choose a K-1 Visa Lawyer for Your Fiancé Visa Application?

Our dedicated K-1 visa attorney understands how critical this visa is to your future. We take pride in providing personalized legal advice tailored to your unique situation. With years of expertise in immigration law, our attorney is equipped to address any challenges that may arise in the fiancé visa process. From filing a K-1 visa petition to preparing for the interview, we ensure you’re fully supported and informed throughout the process. Trust our skilled K-1 visa lawyer to help make your dreams a reality.