Foreign nationals who are engaged to a United States citizen can apply for a K-1 fiancé visa that permits them to travel to the United States to marry their U.S. citizen sponsor within 90 days of arrival. Once married, the foreign national applies for adjustment of status to permanent residency (LPR). First, the I-129F Petition for Alien Fiancé(e) is filed. Once approved, the U.S. consulate abroad may grant the K-1 visa after interviewing the foreign national.
The I-129F petition is valid for four months and may be extended by a consular officer if it expires before visa processing is complete. Once issued the K-1 visa, the foreign national must enter the United States within 6 months from the date of issuance and must marry the U.S. citizen fiancé within 90 days of entry into the United States.
For more information about fiancé visas and how to proceed, contact us at (888) 915-5057. Our experienced Columbus K-1 visa attorneys are here to help.
What are the Fiancé Visa Qualifications?
In order to qualify for a K-1 visa under U.S. immigration law:
Both the U.S. citizen and the foreign national must have been legally free to marry when the petition was filed and must have remained eligible since.
The marriage must be legally possible according to the laws of the U.S. state in which the marriage will take place.
The US citizens and foreign nationals must have met each other in person within the last two years. (There is an exception to this rule based on extreme hardship for the U.S. citizen to personally meet before the wedding, for example, if it is against the U.S. citizen’s or foreign national’s culture to meet before marriage.)
The foreign national must undergo a medical examination performed by an authorized panel physician. Although vaccinations are not required for the K visa, they will be required later when adjusting status to legal permanent residency.
The K-2 visa category is available for children of your fiancé provided that they are:
Under the age of 21; and
Unmarried.
The K-1 Visa Process: Step-by-Step Guide
Applying for a K-1 fiancé visa involves several key steps. Here’s a breakdown of the process to help you navigate it:
File the I-129F Petition The first step is for the U.S. citizen fiancé to file the I-129F Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). This petition proves that the couple intends to marry and that the relationship meets the legal requirements.
USCIS Processing and Approval USCIS will review the petition, request additional evidence if necessary, and decide whether to approve or deny it. If approved, the petition is forwarded to the U.S. consulate or embassy in the foreign fiancé’s country.
Consular Processing and Interview The foreign fiancé applies for the K-1 visa at the U.S. consulate, where they will need to attend an interview. During this interview, they will present required documents, such as proof of the relationship and evidence of financial support.
Receive the K-1 Visa If the interview goes well and all requirements are met, the foreign fiancé is granted the K-1 visa. They can now enter the U.S. to marry their U.S. citizen partner within 90 days.
Marriage and Adjustment of Status After arriving in the U.S., the couple must marry within 90 days. After marriage, the foreign spouse can apply for an adjustment of status to become a legal permanent resident (LPR).
Common K-1 Visa Denials and How to Avoid Them
There are several reasons why K-1 visa applications can be denied. Here are some common pitfalls and how to avoid them:
Failure to Meet the Eligibility Requirements Ensure that both parties are legally free to marry and that the relationship is genuine. If the couple hasn’t met in person within the last two years, there must be a valid reason for the exception.
Incomplete Documentation Missing documents or insufficient evidence of the relationship can lead to denial. Make sure to submit all required documents, including photographs, correspondence, and proof of meeting in person.
Financial Insufficiency If the U.S. citizen fiancé cannot prove they can financially support their partner, the visa application may be rejected. This leads us to the next topic: the Affidavit of Support.
Financial Support and Affidavit of Support Requirements for K-1 Visas
One of the crucial components of the K-1 visa process is proving that the U.S. citizen fiancé can financially support their foreign partner. Here’s what you need to know:
Affidavit of Support (Form I-134) The U.S. citizen must submit Form I-134 to demonstrate that they can financially support their fiancé(e). This form requires details about the sponsor’s income, employment, and financial stability.
Income Requirements The U.S. citizen must show that their income meets the minimum requirements set by the U.S. government. If their income is too low, they may need to provide evidence of assets or a joint sponsor who can meet the financial requirements.
Proving Financial Stability In addition to the affidavit, the sponsor should provide supporting documents such as tax returns, pay stubs, bank statements, and proof of employment to establish financial stability.
By preparing these documents thoroughly, you can prevent delays or denials related to financial concerns.
U.S. Consulate Interviews for K-1 Visas
K-1 visa applicants will be required during the visa interview to present evidence to the consular officer that they will not become a public charge in the United States. Evidence should be provided showing the foreign national can financially support him or herself or that the U.S. citizen is able to provide support. When a foreign national is granted the K-1 visa, the consular officer returns the passport containing the visa stamp and a sealed packet with documents provided by the foreign national along with additional documents prepared by the consular. The foreign national should not open the packet. The packet should only be opened by an immigration official upon entry to the United States.
Frequently Asked Questions (FAQ)
How long does it take to get a K-1 visa? The K-1 visa process typically takes between 6 to 12 months, depending on the processing times of USCIS and the U.S. consulate where the foreign fiancé applies. However, delays can occur, so it's important to plan ahead.
Can I work while on a K-1 visa? No, individuals on a K-1 fiancé visa cannot work until they have adjusted their status to permanent residency (Green Card). Once you apply for a Green Card, you may be eligible to apply for a work permit.
What happens if I don’t marry within 90 days of entering the U.S. on a K-1 visa? If you do not marry within the 90-day window, the foreign fiancé must leave the U.S. immediately. Failure to marry could result in visa violations, which could complicate future immigration petitions.
Can my children join me with a K-1 visa? Yes, children of the foreign fiancé who are under 21 and unmarried can apply for a K-2 visa. They can enter the U.S. with the K-1 visa holder and adjust their status to permanent residents after marriage.
What if my K-1 visa application is denied? If your K-1 visa is denied, you will receive a written explanation from the consular officer. You can appeal the decision, provide additional documents, or address any issues before reapplying.
Can I apply for a K-1 visa if I have been married before? Yes, previous marriages do not automatically disqualify you from a K-1 visa. However, you will need to provide legal proof that your prior marriage(s) has been legally dissolved (e.g., divorce decrees).
Is there an age limit for the foreign fiancé applying for a K-1 visa? There is no specific age limit for the foreign fiancé, but both individuals must be legally able to marry according to U.S. law. In most states, the minimum marriage age is 18, though there are some exceptions.
Contact Our K-1 Fiancé Visa Lawyer in Columbus Today
Some cases are delayed or even denied because applicants do not follow instructions carefully, supply incomplete information, or fail to include all required documentation. OurColumbus family immigration attorneys can help you prepare a complete K-1 visa petition package with all the necessary information and documentation, and also with as much additional evidence as possible and practicable to ensure that the government can process your visa promptly.
