How the Fiance Visa (K-1) Works

A K-1 fiancé visa is a kind of non-immigrant visa issued to a foreign national who is the fiance of a United States Citizen. The K-1 Visa permits the foreign fiance to enter the United States, to then marry within 90 days and to then apply for Permanent Residence, a green card, to continue to permanently reside in the U.S. together with his/her U.S. citizen petitioner.

Requirements for the Fiance Petition

In order to file a Petition for a fiance visa (K-1) there are a number of fiancé visa requirements that petitioner and K-1 Visa applicant must meet at various stages within the process. A few of the major requirements are as follows:
(a) The petitioner must be a U.S. Citizen. Unfortunately, lawful permanent residents (LPRs) are not permitted to acquire fiancé visas.
(b) As a petitioner, you must be able to prove that you are legally free and very much willing to marry once your fiancé enters the United States. This also means that if either of you were married previously, you will be required to provide evidence that your previous marriage(s) have been legally terminated.
(c) As a K-1 Visa applicant, you must prove to the consular officer that you have the genuine intention of marrying your fiancé once you enter the U.S.
(d) For the fiancé being petitioned, he or she must prove that no immigration law violations or any serious criminal act have been committed.
(e) The fiancé being petitioned must hold a valid international passport prior to the scheduled appointment with the US consulate.
(f) The petitioner must also meet the income requirement for an Affidavit of Support, which is 125 percent of the current poverty level.
(g) Most important of all, the couple must prove that they have met each other in person within the past two years.

Fiance Visa Primary Processing Steps

The process begins with the filing of a Petition, which is a Form I-129F with United States Citizenship and Immigration Services (USCIS) by the U.S. citizen. Once the petition has been filed, USCIS forwards the application to the National Visa Center of the State Department who then sends it to the embassy or consulate nearest to the foreign fiancé being petitioned.

The petitioner and the applicant are then asked to submit all necessary documents and evidence needed for the approval of the petition. Both fiancées may be required to submit certain documents, such as birth certificates and ID cards, to prove their identity, as well as divorce decrees or annulment records to prove they are eligible to marry.

When the petition and application for the K-1 Visa are approved, the K-1 visa is provided to the foreign fiance, who then is authorized to enter the US with the K-1 for the purpose of getting married. The parties have 90 days after the fianc3e entry to get married.

Following the marriage, the foreign fiance can file an application to adjust status to Permanent Resident in the United States.