K-1 Fiancé Visa
K-1 Fiancé Visa is a temporary immigration visa that allows an American citizen to bring his or her fiancé to the United States to marry and then apply for permanent residency (Green Card). The K-1 Fiancé Visa makes it possible to start a new life in the United States by proving the authenticity of the fiancé bond.
What is a K-1 Fiancé Visa?
The K-1 visa is a special immigration visa for a U.S. citizen to bring his or her foreign national fiancé to the United States. The K-1 visa is a preliminary step to applying for a Green Card after marriage and has the following basic features:
- Marriage Requirement: The person entering the U.S. on a K-1 visa must marry their fiancé within 90 days.
- Green Card Application: After marriage, permanent residency can be obtained by applying for Adjustment of Status.
- K-2 Visa: Minor children of a person who entered the U.S. on a K-1 visa may enter the U.S. on a K-2 visa.
K-1 Fiancé Visa Application Requirements
In order to apply for a K-1 visa, the following requirements must be met:
- US Citizenship:The sponsoring spouse must be a US citizen.
- Proof of Acquaintance:The engaged couple must have met in person within the last two years prior to the date of application.
- Intent to Marry:Proof of intent to marry within 90 days of entering the U.S. on a K-1 visa is required.
- Sponsorship Qualification:The sponsoring U.S. citizen must prove that he/she has the income to meet the financial needs of his/her fiancé.
- Criminal Record:The applicant’s criminal record must be free of serious offenses.
K-1 Fiancé Visa Application Process
The K-1 Fiancé Visa application consists of certain steps that must be followed carefully:
Completion of Form I-129F
The U.S. citizen sponsor submits Form I-129F to USCIS to prove the bond of engagement and intent to marry.
USCIS Approval and NVC Processing
Once USCIS approves the application, the file is sent to the National Visa Center (NVC) and the visa processing process begins.
DS-160 Form and Medical Examination
The applicant fills out the DS-160 form and makes an appointment for a visa interview. A medical examination from a consulate-approved doctor is also required.
Interview
The applicant attends an interview at the US consulate to prove the authenticity of the engagement. At this stage, details such as the engagement process, relationship documents and marriage plans are evaluated.
Visa Approval and Entry into the US
Once the application is approved, the K-1 visa allows entry into the US. The engaged couple must marry within 90 days.
Frequently Asked Questions
The K-1 Fiancé Visa is an effective solution for couples who want to start a new life in the United States through marriage. Marsan Akguc Law Firm offers professional support throughout the process to help you successfully complete your application.
The process usually takes between 12 and 20 months, but can vary depending on the volume of applications.
If the marriage does not take place within 90 days, the K-1 visa expires and the applicant must leave the United States.
Yes, but you need to apply for a work permit (Employment Authorization Document).
A change of status application is usually finalized within 6-12 months.
Depending on the reason for rejection, an objection can be made or the deficiencies can be corrected and a new application can be made.
Yes, same-sex couples are eligible to apply for a Fiancée Visa, regardless of whether same-sex marriage is recognized in their home country, just like heterosexual couples.
Yes, a waiver can be approved if:
- Meeting in person would violate the fiancé(e)’s cultural or social traditions, or
- The U.S. citizen petitioner would face exceptional hardship in arranging the meeting.
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