Getting Married to a US Citizen  

Nonimmigrant Visa for a Fiancé K1

The K-1 visa permits the foreign-citizen fiancé to travel to the United States and marry his or her US-citizen sponsor within 90 days of arrival.

Eligible children of K-1 visa applicants receive K-2 visas.

Once married within the designated time, the K-1 holder can adjust her status to become a lawful permanent resident.

Eligibility:

    1. The US citizen and the foreign fiancée must have been legally free to marry at the time the petition was filed.

    1. The marriage must be legally possible under US the laws of the state where the marriage will take place.

    1. The foreign fiancé and her US citizen fiancé must have met IN PERSON within the past two (2) years. However, USCIS may grant an exception to this requirement based on extreme hardship for the US citizen personally meet the foreign fiancée, or, for example, if it is contrary to the culture of any of them to meet before the marriage,

Steps for applying for a K-1 Visa

 

    1. Form I-129, Petition for Alien Fiancé. Further information can be found on the USCIS website under Fiancé(e) Visas

       

        1. In this phase, provide proof of your relationship. You need to prove to the US immigration that your relationship is real and in good faith.

    1. After USCIS approves the petition, it is sent to the National Visa Center (the NVC will send your petition to the US Embassy or Consulate where your fiancé lives.

    1. File the I-134, Declaration of Financial Support

    1. Apply for the visa.

    1. Complete the form DS-160

    1. Have a passport valid for travel with a validity date at least six months beyond the day of your travel.

    1. Gather the following documents:
      1. Birth certificate.
      1. Divorce or death certificate(s)
      1. Police certificates
      1. Medical examination
        1. This examination must be performed by an authorized panel physician.
        1. Vaccines are also required.
      1. Evidence of financial support
      1. Two 2×2 photographs

       

        1. Evidence of relationship

    1. Pay the fees.

    1. Review Additional US Embassy/Consulate-Specific Instructions

    1. Attend the visa interview.

    1. Travel and get married.

    1. Apply for adjustment of status.

The I-129 F petition is valid for four months from the date of approval by USCIS, but a consular officer can extend the petition’s validity if it expires before the visa processing is completed.

If you are ineligible for a visa, you may have to file a waiver.

After receiving your fiancé visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed package containing the civil documents. You cannot open this envelope. You should handle this envelope to the DHS immigration official when you arrive in the USA.

If you need help with your K-1 Visa, do not hesitate to contact our office.

Photo: Image by freepic.diller on Freepik

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