K-1 Visas: Fiancé(e)s of U.S. Citizens

K-1 visas are a nonimmigrant visa option for those engaged to be married to a U.S. citizen, but are not a citizen themselves. In order to obtain a K-1, or fiancé(e) visa, you will need to file Form I-129F, Petition for Alien Fiancé(e).

As a U.S. citizen, you can petition for your fiancé(e) (K-1 visa) and their children (K-2 visa), so you are able to get married. You may also petition for your spouse (K-3 visa) and their children (K-4 visa) to apply for legal permanent residence.

K-1 Visa Qualifications

In order to be eligible for a K-1 Visa, you must meet the following requirements:

Your (person applying) fiancé(e) must be a U.S. citizen
You and your fiancé(e) intend to marry within 90 days of the nonimmigrant fiancé(e) entering the United States on a K-1 visa
You and your fiancé are both legally able to marry in the United States and any previous marriages have been legally terminated
You and your fiancé(e) met one another in person within the 2-year window before filing your petition

How to File for a K-1 Visa

To begin the process, you must fill out Form I-129F, Petition for a Nonimmigrant Fiancé(e) Visa. Once you have paid the filing fee, you’ll have provide any required evidence or supporting documents.

What to expect after filing for a K-1 Visa

After filing for a K-1 visa, be sure to receive a receipt or confirmation for your petition. In some cases, you may need to appear for an interview if it is required by the embassy or consulate. You can expect processing to take up to 30 days, and you can expect a final decision on your visa within 6-9 months.

Children of Fiancés

If your nonimmigrant fiancé(e) has a child under the age of 21 and unmarried, this child may be able to come to the U.S. on a K-2 nonimmigrant visa. Children who would like to come to the U.S. on a K-2 visa should be listed on the Form I-129 petition application. Children under 21 must remain unmarried to enter the U.S. on this visa.

Children of the fiancé(e) who enter the United States on a K-2 visa and wish to apply for a green card are urged to do so at the same time or after the fiancé(e) has applied for his or her green card.

How Long Does a K-1 Visa Last?

Once your visa petition has been approved, you must use it to enter the United States within 6 months of receiving the visa. After entering the U.S., you must marry your U.S. citizen fiancé(e) within 90 days.

Can I Apply for a Green Card as a K-1 Visa Holder?

Yes, you may apply for permanent residence, or a Green Card as K-visa holder. Your fiancé must enter the U.S. through their K-1 visa, where they will be permitted a 90-day stay during which you must marry. As soon as you’re married, your spouse can apply for permanent residence by submitting Form I-485.

Contact an Experienced Immigration Attorney Today

At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process of obtaining nonimmigrant visas such as the K-1 visa. Contact a member of our team today at 312.444.1940.