The K-1 fiancé/fiancée visa allows a U.S. citizen to petition his/her foreign fiancé(e) to enter and marry in the United States. Both the U.S. citizen and foreign fiancé(e) must be legally free to marry one another at the time of submitting the Form I-129F Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Service (“USCIS”). Once the foreign fiancé(e) arrives in the United States on a K-1 visa, he/she must marry his/her U.S. citizen fiancé(e) within 90 days upon arrival.
Following marriage, the newlywed couple files for adjustment of status with USCIS as a prerequisite to receiving his/her Lawful Permanent Resident status.
A K-1 visa is beneficial in situations where it is not practical for a couple to file for a CR-1/IR-1 visa. An example includes a foreign fiancé(e) having children whom he/she would like for them to join on a K-2 visa but they are over the age of eighteen (18) yet under the age of twenty-one (21); a foreign fiancé(e) from the Philippines who was divorced abroad but not annulled within the Philippines; or a U.S. citizen over the age of fifty (50) engaged to a Cambodian citizen.
For a more thorough assessment of whether a K-1 visa would be in your best interest, we encourage you to speak with an experienced immigration attorney.
The U.S. citizen petitioner files a Form I-129F Petition for Alien Fiancé(e) with supporting documents.
Once USCIS receives the Form I-129F Petition, a receipt number will be issued.
After USCIS approves the Form I-129F Petition, the file will be sent to the National Visa Center (“NVC”) where it will receive a State Department case number.
The NVC forwards the file to the U.S. Embassy or Consulate in which the foreign fiancé(e) is living or has been designated and the visa application location.
The U.S. Embassy or Consulate will inform the foreign fiancé(e) that he/she may proceed in scheduling an interview appointment.
Additional supporting documentation is prepared including the DS-160 Online Application.
The foreign fiancé(e) undergoes his/ her medical evaluation.
Following the medical clearance, the foreign fiancé(e) may proceed to his/her K-1 visa interview.
During the interview, the consular officer will assess the relationship between the U.S. citizen and the foreign fiancé(e). If satisfied that the relationship is bona-fide and that the couple will marry within 90 days upon arrival, the K-1 visa will be issued.
The foreign fiancé(e) departs for the United States and after entry, marries the U.S. citizen petitioner. Afterwards, the foreign fiancé(e) must file for adjustment of status.
Our firm has over 35-years of combined experience in representing engaged couples pursuing a K-1 visa. We offer a full-service, hands-on approach designed to see the entire process through from filing the I-129F Petition to K-1 visa issuance and even beyond through adjustment of status and U.S. naturalization. We are immigration attorneys who have hands-on experience in working directly with the U.S. Embassies and Consulates in Ho Chi Minh City, Manila and across Asia. We provide our clients with a unique and personalized approach unmatched by other immigration attorneys.
Before the U.S. citizen can file the I-129F Petition, the couple must have physically met in person within the past two (2) years. A relationship that is limited to online communication only will not satisfy this requirement.
While chat-logs and messages from communication apps are a way to show a bona-fide relationship, these are not required.
If the foreign fiancé(e) holds a valid B-1/B-2 visitor visa, he/she may use that visa to request to enter the United States on a temporary basis. If the foreign fiancé(e) does not have a B-1/B-2 visa, they are not precluded from applying for the visa. It is strongly encouraged to fully disclose to the interviewing consular officer that he/she has a pending K-1 visa application.
The U.S. citizen may request a waiver to the two-year meeting requirement if it can be demonstrated that physically meeting in advance of filing the I-129F Petition would result in extreme hardship to the U.S. citizen petitioner or if such meeting in advance would violate long-standing traditions to the foreign fiancé(e)’s customs.
Unlike a CR-1/IR-1 Immigrant Visa, a K-1 visa is a nonimmigrant visa. As a result, the U.S. citizen does not file a Form I-864, Affidavit of Support. While a Form I-134, Declaration of Financial Support may be submitted, such documentation is not required. However, being able to demonstrate financial capacity can be shown through proof of funds such as bank statements, home ownership, stocks and bonds, investments, and other assets.
Because the K-1 visa requires both parties to remain single and marry within the United States, marriage abroad prior to the K-1 visa issuance will automatically terminate the I-129F Petition. Couples are allowed to hold non-legally recognized religious ceremonies and blessings prior to the K-1 visa issuance prior that such ceremony does not create a valid marriage.
Failure to marry within 90 days upon arrival will require the foreign fiancé(e) to immediately depart the United States.
Provided that the couple marries within 90 days upon arrival, the foreign fiancé(e), now spouse, must file for adjustment of status. The newly married couple files a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. If the foreign spouse wishes to seek employment prior to the approval of adjustment of status, he/she will also be required to file a Form I-765, Application for Employment Authorization. If he/she is planning on traveling outside the United States prior to receiving their Green Card, a Form I-131, Application for Travel Document must also be submitted.
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