Quick Summary: K-1 Fiance Visa
| Question | Answer |
|---|---|
| What is the K-1 visa? | A nonimmigrant visa for the foreign national fiance of a U.S. citizen |
| Who can sponsor it? | Only U.S. citizens (not lawful permanent residents) |
| Primary form? | Form I-129F, Petition for Alien Fiance |
| In-person meeting requirement? | Both parties must have met within 2 years before filing Form I-129F |
| Can the meeting requirement be waived? | Yes: in 2 specific circumstances |
| How long to marry after entry? | Within 90 days of the fiance entering the United States |
| What happens after marriage? | File Form I-485 Adjustment of Status to obtain a Green Card |
Key Steps in the K-1 Visa Process
| Step | Action | Who |
|---|---|---|
| 1 | File Form I-129F with USCIS | U.S. citizen petitioner |
| 2 | USCIS reviews and approves Form I-129F | USCIS (typically 6 to 12 months) |
| 3 | Case transferred to NVC and then to the Consulate | NVC forwards the case |
| 4 | File Form DS-160 and complete medical examination | Fiance (beneficiary) |
| 5 | Attend visa interview at the U.S. Consulate | Fiance in HCMC or Manila |
| 6 | Enter the United States on K-1 visa | Fiance |
| 7 | Marry within 90 days of entry | Both parties |
| 8 | File Form I-485 Adjustment of Status for Green Card | After marriage |
To bring your fiancé(e) to the United States, you must file Form I-129F (Petition for Alien Fiancé(e)) and prove that you and your fiancé(e) have met in person within the two years immediately preceding the filing of the petition. If you cannot prove that you have met, can you obtain a waiver for this requirement?
There are two circumstances under which the two-year meeting requirement may be waived:
- If meeting the beneficiary (fiancé/e) would result in “extreme hardship” to the petitioner (U.S. Citizen); or
- If such a meeting would violate strict and long-established customs of the beneficiary’s foreign culture or social practice.
Extreme Hardship to the Petitioner USCIS generally interprets this requirement to mean that it is medically or physically impossible for the petitioner to travel to meet the beneficiary. The following situations do not qualify as extreme hardship: a. The petitioner cannot afford the trip financially; b. The petitioner cannot get time off work to travel; c. The petitioner cannot travel due to incarceration.
However, if the petitioner suffers from a medical condition that prevents them from traveling, this may be considered a case of extreme hardship.
Meeting Before Marriage Violates Cultural Customs In some cultures, a meeting between the petitioner and beneficiary prior to marriage would violate the traditional customs of the beneficiary’s culture. Therefore, a waiver may be sought in this situation. The petitioner must be able to provide documentation proving the existence of this custom.
Frequently Asked Questions
What is the K-1 fiance visa and who is it for?
The K-1 visa is a nonimmigrant visa for the foreign national fiance of a U.S. citizen that allows the fiance to enter the United States and marry the petitioner within 90 days of arrival. Only U.S. citizens may sponsor a K-1 visa; lawful permanent residents holding a Green Card cannot petition for this visa type.
What is the 2-year in-person meeting requirement for the K-1 visa?
To file Form I-129F for a K-1 fiance visa, the U.S. citizen petitioner and the foreign national fiance must have physically met in person at least once within the 2 years immediately before the date the petition is filed. In-person means both parties were physically present in the same location. Video calls, phone conversations and online communication do not satisfy this requirement.
When can the 2-year in-person meeting requirement be waived?
Only 2 circumstances qualify: (1) when the meeting would cause extreme hardship to the U.S. citizen petitioner, which in practice generally means a serious medical condition that makes travel physically impossible; (2) when the meeting would violate a long-established cultural custom of the beneficiary’s country. Financial inability to travel, inability to take leave from work and being incarcerated are explicitly not sufficient grounds for a waiver.
After entering the United States on a K-1 visa, what must happen within 90 days?
After the fiance enters the United States on a K-1 visa, the couple must legally marry within 90 days of the entry date. If the marriage does not take place within that 90-day window, the fiance must depart the United States. After the marriage takes place, the new spouse may file Form I-485 Adjustment of Status to apply for a Green Card while remaining in the United States.
Should we choose a K-1 fiance visa or a CR-1/IR-1 spousal immigrant visa?
The right choice depends on the specific circumstances. The K-1 is the appropriate path when the couple is not yet married and plans to marry in the United States; however the fiance must then complete Adjustment of Status (Form I-485) after the wedding to obtain a Green Card, which adds time and cost. The CR-1/IR-1 is appropriate when the couple is already legally married and wants the foreign spouse to arrive in the United States as a Lawful Permanent Resident immediately upon entry, with no additional applications needed. Consulting a U.S. immigration attorney is strongly recommended to determine which path is better suited to the specific situation.
If you have any questions regarding the K-1 Visa, please contact us directly at: info@enterlinepartners.com to schedule a one-on-one consultation with our experienced U.S. immigration attorneys.
