K-1 Fiance Visa

The K-1 visa - commonly known as a fiancée visa - is a US visa that allows the fiancée of a US citizen to travel to the US for the purpose of marriage. The US citizen and their fiancé must marry within 90 days of entering the US on a K-1 visa.

After the K-1 visa holder and the U.S. citizen are married, the K-1 visa holder can then apply for a U.S. green card and file an I-485 Adjustment of Status application with USCIS.

K-1 visas are available to the fiancées of U.S. citizens. To qualify, both the U.S. citizen and the fiancé must be marriageable, have met in person within the past two years, and intend to marry within 90 days of the K-1 fiancé's entry into the U.S.

Same-sex couples are also eligible for a K-1 visa, regardless of the laws of the fiancé's home country.

Yes. In order to qualify for a K-1 visa, the U.S. citizen and their partner must be engaged. This does not mean that one of the parties must provide an engagement ring or other physical proof of engagement, but both parties must provide proof of their intent to marry.

Applying for a K-1 visa is a two-step process. First, the U.S. citizen must submit a Form I-129F (Petition for Alien Fiancé Fiancé) with the required documentation to the USCIS. After this is approved, the petition is then sent to the National Visa Center (NVC) and a U.S. consulate for processing. At this time, the fiancé must compile additional documentation and bring it with them to their interview at their local U.S. consulate.

You must attach the following documents, among others, to your application for a K-1 fiancé visa:

• Proof that you intend to marry within 90 days of your fiancé's entry into the U.S.
• Proof that you and your fiancé have met in person within the last two years.
• Proof that you are legally eligible to marry.

For more information regarding the documents required as part of the K-1 fiancé visa application, please schedule a consultation with Adomat Immigration.

As a K-1 visa holder, you are entitled to apply for a US work permit - a so-called Employment Authorization Document (EAD) - immediately after your arrival in the USA. You can apply for this either directly upon your arrival in the United States or as part of your green card application (adjustment of status) after marriage.

Currently, USCIS takes about 6 months to issue Employment Authorization Documents.

The current USCIS filing fee for a K-1 application is $675.

After entering the U.S. on a K-1 visa and marrying within 90 days, K-1 visa holders are eligible to apply for permanent residence, also known as a green card. The official name of the green card application you are filing is I-485 "Adjustment of Status."

USCIS processing times are constantly changing, but as of October 2024, the USCIS processing time for these applications is between 8 and 22 months.

Once the K-1 application has been approved, applicants must also allow at least several months for their visas to be processed by the consulate.

Yes, if you have a child from a previous relationship or from your relationship with your fiancé, this will not affect your ability to obtain a K-1 fiancé visa. If your child also needs a visa, he or she would qualify for a K-2 visa.

Yes, however, the timing of the divorce may affect your ability to apply for a US green card.

Yes - you may visit your fiancé as long as you have a valid B-1/B-2 visa or ESTA visa. However, you should be prepared to expect more checks at the border. Applying for a K-1 fiancé visa is proof that you want to travel to the U.S. and stay there as a permanent resident. Therefore, you must provide clear evidence that you are only visiting the USA temporarily and will return to your home country after your visit.