The fiancé(e) of a U.S. citizen may get a temporary K-1 visa to get married in the U.S. within 90 days of arrival. If the marriage takes place within the 90-day window, the K-1 visa holder is eligible to apply for a marriage-based green card.
The unmarried children under the age of 21 of K-1 visa applicants may apply for K-2 visas. The Alcorn Immigration Law team can help you determine whether the K-1 visa is the best option for you.
To bring your foreign-national fiancé(e) to the U.S. on a K-1 visa, the following requirements must be met:
- You are a U.S. citizen.
- Your fiancé(e) is living outside of the U.S.
- You and your fiancé(e) intend to get married within 90 days of your fiancé(e)’s admission to the U.S. on a K-1 visa.
- Both you and your fiancé(e) have the true intent to start a life together. The marriage may not be for the purpose of obtaining an immigration benefit.
- You both are legally able to marry in the U.S. and any previous marriages have legally ended due to death, divorce, or annulment.
- At least once during the two years before you file a K-1 visa petition, you and your fiancé(e) met each other in person. A waiver of this requirement can be obtained if you can show that meeting in person would either:
- Violate the customs of your fiancé(e)’s culture or social practice.
- Result in extreme hardship to you, the U.S. citizen.
The following are the steps in applying for a K-1 visa:
- The U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e) along with appropriate documentation.
- If U.S. Citizenship and Immigration Services (USCIS) to recognizes the relationship and approves the Form I-129F, USCIS sends it to the U.S. Department of State National Visa Center (NVC). In turn, NVC will forward the form to the U.S. embassy or consulate where your fiancé(e) will apply for a K-1 visa.
- Once the U.S. embassy or consulate in your fiancé(e)’s home country initiates a case, your fiancé(e) can schedule a K-1 visa interview.
- Once the interview is scheduled, the K-1 candidate must complete Form DS-160, Online Nonimmigrant Visa Application and print the DS-160 confirmation page. The confirmation page and other required documents must be brought to the visa interview.
We Can Help
Figuring out immigration law and the best immigration options given your circumstances can be challenging. The Alcorn Immigration Law team can help. Reach out to us if you have questions or would like a consultation.