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A licensed attorney with nearly a decade of experience in content production, Valerie Catalano knows how to help readers digest complicated information about the law in an approachable way. Her writing has been featured in the State Bar of Texas Fami...
Valerie Catalano, J.D.
Valerie Catalano, J.D.Lead Editor, Legal
A licensed attorney with nearly a decade of experience in content production, Valerie Catalano knows how to help readers digest complicated information about the law in an approachable way. Her writing has been featured in the State Bar of Texas Fami...
Valerie Catalano, J.D.Lead Editor, Legal
A licensed attorney with nearly a decade of experience in content production, Valerie Catalano knows how to help readers digest complicated information about the law in an approachable way. Her writing has been featured in the State Bar of Texas Fami...
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Published: Oct 8, 2024, 12:03pm
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Table of Contents
- What Is a K-1 Visa?
- K-1 Visa Definition
- Benefits of the K-1 Visa
- K-1 Visa Eligibility Requirements
- Documents Required for K-1 Visa
- The Application Process for a K-1 Visa
- Processing Time for a K-1 Visa
- Cost of a K-1 Visa
- Frequently Asked Questions (FAQs) About the K-1 Visa
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When a foreign national wants to marry a U.S. citizen, the couple may want the wedding to take place in the United States. A K-1 visa can make that possible. A K-1 visa allows a foreign citizen living abroad to travel to the U.S. in order to get married here.
This guide explains what a K-1 visa is, how to get one, who is eligible and what a K-1 visa allows you to do.
What Is a K-1 Visa?
A K-1 visa is a nonimmigrant visa available to a foreign citizen engaged to a United States citizen. With a K-1 visa, a foreign national can come to the United States and have a 90-day period of time to get married to the U.S. citizen who is sponsoring them.
K-1 Visa Definition
As United States Citizenship and Immigration Services (USCIS) explains, a K-1 visa is also known as a fiance(e) visa. A fiance(e) visa allows for temporary entry to the U.S. for the purpose of getting married.
A foreign national who is admitted to the U.S. must marry the citizen sponsor within 90 days of coming to this country. After the marriage takes place, the foreign national can apply for lawful permanent resident status in the U.S. and, if they meet citizenship requirements, can potentially move toward becoming a citizen.
Benefits of the K-1 Visa
There are many benefits of the K-1 visa. Here are some of the biggest perks of obtaining one:
- A foreign national can get permission to come and get married in the United States.
- Eligible children are allowed to come with a foreign national on a K-2 visa.
- The visa provides a generous 90-day window of time to get married.
- After a K-1 visa enables a marriage to take place, the foreign national can go through the process of securing a green card.
K-1 Visa Eligibility Requirements
There are specific eligibility requirements for securing a K-1 visa.
The Foreign National Must Be the Fiance(e) of a U.S. Citizen
K-1 visas are available when U.S. citizens want to bring their fiance(e) to the U.S. for the purpose of getting married. Under U.S. immigration law, the U.S. citizen must complete Petition for Alien Fiance(e), Form I-129F, and this must be approved.
The Couple Must Intend To Get Married Within 90 days of Entry
A K-1 visa allows for only a limited amount of time to get married. The couple must have a plan to tie the knot within 90 days of the time that the foreign national is admitted to the country.
Both Parties Must Be Legally Free To Marry
Both the U.S. citizen and the foreign national must be legally free to get married to each other. This means both have a legal right to get married in the U.S., and neither has a prior marriage that wasn’t already terminated by death, divorce or annulment.
The Couple Must Have Met in Person Within the Previous Two Years or Must Be Eligible for a Waiver
In general, the citizen and their fiance(e) must have met in person at least one time in the two years prior to filing a petition. It’s possible to request a waiver of this requirement in one of two situations:
- There are long-established customs in the fiance(e)’s foreign culture or social practices that prevent spouses from meeting prior to marriage.
- The U.S. citizen sponsor would experience extreme hardship as a result of the requirement to meet in person.
Documents Required for K-1 Visa
Documents required for the K-1 visa include the following:
- A completed Form DS-160, Online Nonimmigrant Visa Application. The foreign national and any eligible children must have a printed copy of their DS-160 confirmation page when they attend an immigration interview.
- A valid U.S. passport. The foreign national must have a passport that is valid for travel to the U.S. and that doesn’t expire until at least six months beyond the time the national intends to stay in the United States.
- A birth certificate. The foreign national will need to provide a birth certificate.
- Divorce or death certificates. These must be provided for any prior spouses for both parties.
- Police certificates. The foreign national must provide police certificates from their current country of residence and all countries where they have lived for at least six months starting at age 16. If children over 16 are coming to the U.S. on a K-2 visa, police certificates are required for them as well.
- A medical examination report. This is required for the foreign national.
- Evidence of financial support. This can include Form I-134, Affidavit of Support.
- Evidence of a relationship. There must be documented proof of some relationship between the U.S. citizen and the foreign national fiance(e).
The foreign national must visit a consular office for an interview. The officer may request additional information, such as photographs demonstrating that there is a real relationship between the two people getting married. The documents, such as the birth and death certificates, must also be clear and legible and must be translated into English if necessary.
The Application Process for a K-1 Visa
Here are the steps required to allow a foreign national fiance(e) to come to the U.S. on a K-1 visa.
File a Petition for Alien Fiance(e)
A U.S. citizen must take the first step, filing a Form I-129F, Petition for Alien Fiance(e). This form requests that USCIS formally recognize the relationship between the citizen sponsor and the foreign national.
USCIS may request additional evidence of the relationship’s validity to ensure the couple is not entering into a fraudulent marriage. Once the agency is satisfied that the couple is in a real relationship, it will approve Form I-129F and send the approval to the National Visa Center (NVC).
Complete a Visa Application
The NVC will forward the approved Form I-129F to the U.S. embassy or consulate in the foreign national’s home country. This opens the door to the foreign fiance(e) submitting a request for a K-1 nonimmigrant visa.
The embassy or consulate will schedule a visa interview for the fiance(e) and provide notification about when it is scheduled. The foreign national must attend the interview and the consular or embassy official will decide whether to issue the visa. If they issue the visa, it gives the fiance(e) six months to come to the United States and allows for one entry into the country.
The key factor in whether the official issues the K-1 visa is whether they believe the relationship is valid.
Once the visa has been approved, the foreign national can come to a port of entry to request admission and will undergo inspection. If admitted, the couple has 90 days to get married. Once the marriage is complete, the foreign national spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a green card.
Processing Time for a K-1 Visa
Securing a K-1 visa usually takes three to six months, although it can vary depending on many factors including whether all the information is supplied correctly and all the necessary documentation is included with the application.
Cost of a K-1 Visa
When you obtain a K-1 visa, you must pay the following fees:
- a filing fee when you submit Form I-129F, which is $675
- a processing fee for DS-160 which is $265
- a medical exam fee, which varies
- a filing fee for Form I-485 to register permanent resident status or to adjust status, which is typically $1,440
Frequently Asked Questions (FAQs) About the K-1 Visa
How long does it take to get a K-1 visa?
It typically takes three to six months to get a K-1 visa, but the timeline can vary depending on the circumstances. Completing all documents correctly and providing the required documentation can help expedite the visa’s processing.
How much money do you need to sponsor a K-1 visa?
You can sponsor a K-1 visa if your income meets or exceeds 100% of the federal poverty guidelines. In 2024, you must have an income of at least $20,440 if you are in a two-person household with your fiance(e).
What are the reasons for K-1 visas to be denied?
A K-1 visa could be denied for many reasons, including inadequate proof of a legitimate relationship, the foreign fiance(e)’s criminal record or an inability of either person to legally marry. If a foreign national is not allowed to enter the country for some reason, the visa will also be denied unless they become eligible for a waiver of inadmissibility.
Do I need an affidavit of support for the K-1 visa?
Those applying for the K-1 visa must show they will not become a public charge. Form I-134 makes providing this proof simple, and the consulate officer may request that you complete this form.
Can I still apply for the K-1 visa if my partner is a green card holder and not a citizen of the United States?
Only U.S. citizens can sponsor their fiance(e) for a K-1 visa to come to the U.S. to get married. A green card holder cannot do so.
Which is faster, the K-1 visa or K-3 visa?
A K-1 visa is usually processed more quickly than a K-3 visa, although the processing time can depend on the totality of the circumstances.
Can my K-1 visa be extended?
K-1 visas are valid for 90 days and cannot be extended. You must get married within 90 days or leave the country to avoid potential deportation.
While I wait for my K-1 visa, may I get married to my fiance(e)?
The K-1 visa exists to allow a foreign national to come to the U.S. to get married to a sponsoring citizen. If the couple gets married while the K-1 visa is pending, this means the K-1 visa can no longer be issued. The couple will instead need to apply for a spousal visa. The K-1 can’t be converted into a spousal visa, and a separate application must be submitted.
What is the two-year rule for a K-1 visa?
The two-year rule specifies that a couple applying for a K-1 fiance(e) visa must have met in person within the two years prior to the time they apply, unless they fall within an exception. Exceptions include extreme hardship to the U.S. citizen or if the foreign national has a strong cultural or religious prohibition against meeting before marriage.
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