K-1 Fiancé Visa

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa. 

In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. 

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements: 

• You are a U.S. citizen; 
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa; 
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and 
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would: 
• Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or 
• Result in extreme hardship to you, the U.S. citizen petitioner. 

The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information. 

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas. 

Once a K-1 applicant enters the US and marries, they are eligible to file for Adjustment of Status with USCIS.  This is an additional step required for a K-1 visa holder to become a Lawful Permanent Resident of the United States. 

For additional information about the K-1 visa, please free to contact MJB Immigration.