K-1 Visa Information

K-1 visas allow foreign fiancé(e)s to enter the United States and marry immediately.

The United States holds many immigration laws specific to spouses and fiancé(e)s to allow for families to remain intact and to allow new ones to form. K-1 visas allow foreigners to enter the United States to get married. The visa does not allow foreigners to "find" spouses and then marry, but rather are only for those who are already in a cemented relationship and intend to marry immediately upon entry into the United States.

Purpose

K-1 visas, also known as fiancé(e) visas, serve the single purpose of allowing the foreign fiancé(e) of a U.S. citizen to enter the country, marry and apply for permanent residency.

Qualifications

K-1 visas are only for the fiancé(e)s of U.S. citizens; that is, they cannot be used for the fiancé(e)s of legal permanent residents (LPRs or green card holders). Only family members of LPRs can enter the United States on a permanent visa (visa wait time for family of LPRs is between three and five years). Foreigners already married to a U.S. citizen are not qualified to enter on a K-1; instead they must enter on a K-3.

Procedure

The K-1 procedure begins with the U.S. citizen fiancé(e) filing Form I-129F--Petition for an Alien Fiancé(e)--with the USCIS. The filing fee for I-129F is $455, as of 2010. The alien fiancé(e) must wait outside of the United States until the petition is approved (generally within a month). Once the petition is approved, the U.S. consulate general nearest to the alien fiancé(e) is notified and contacts the alien fiancé(e) to schedule a visa interview. Once the fiancé(e) passes the interview, he/she is granted the K-1 visa. After entering the United States, the couple must marry within 90 days and turn the K-1 visa into a Permanent Resident Card (green card).

Requirements

At the visa interview appointment, the alien fiancé(e) must present a valid passport, original birth certificate, divorce or death certificates (if applicable), police record of residential history since the age of 16, medical examination (instructions are given at the time the interview appointment is made), Form I-134--Affidavit of Support (available from the USCIS), two identical copies of Form DS-156--Nonimmigrant Visa Application, one Form DS-156K--Nonimmigrant Fiancé(e) Visa Application, two visa photos (50 by 50 cm) and the $131 application fee (medical examination fees vary per country).

Along with the document requirements, the alien fiancé(e) must be able to prove his/her relationship with the American citizen at the interview. Proof of relationship includes photographs of the couple, phone records, emails, letters, plane tickets, instant messenger print outs, a time line of the relationship and anything personal that may help convince the consular officer that your engagement is in good faith and not intended for the reason of obtaining a visa.

Conditions

Aside from marrying within 90 days of entry, those who enter the United States on a K-1 are given a conditional two-year green card. That is, the green card expires two years after its issuance if it is not renewed before expiration. The purpose of the two-year condition is to make sure that the alien spouse is still living with the U.S. spouse. If separation or divorce happens before the two-year condition outside of severe circumstances (domestic abuse, imprisonment or death), then it is likely the alien spouse will be stripped of the green card and deported.

References

• USDS: Nonimmigrant Visa for a Fiance(e) (K-1)
• USCIS: I-129F Petition for an Alien Fiancé(e)