Visa hôn phu/hôn thê K-1

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.