Family Immigration – K-1 Fiancé Visa
The K-1 fiancé visa is a non-immigrant visa which allows U.S. citizens to bring non-citizen fiancés into the United States for the express purpose of getting married. In order to receive a family-based green card, the marriage must take place within 90 days of entry into the U.S. Our experienced immigration attorneys can help you and your fiancé obtain a K-1 visa, and after the wedding, adjust immigration status.
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K-1 Fiancé(e) Visa Guidelines
There are several steps that must be taken in order to receive a K-1 non-immigrant visa and a subsequent green card from adjustment of status. These steps involve many different U.S. governmental agencies.
Determine eligibility for a K-1 visa
Eligibility for a K-1 visa is mostly determined by the state of your relationship. To bring a fiancé in to the United States, you must meet the following criteria:
- You must be a United States citizen
- You must marry your fiancé within 90 days of entry to the United States
- Both you and your fiancé are eligible to be legally married
- You must have met your fiancé in person at least once in the previous two years, though exceptions can be made to accommodate customs or if it would create an extreme hardship
File a petition for the fiancé (Citizenship and Immigration Services)
United States citizens seeking a K-1 visa for their fiancé must complete Form I-129F, Petition for Alien Fiancé(e) and provide requested documents to United States Citizenship and Immigration Services (USCIS). If the fiancé has unmarried children under the age of 21, the children may be eligible to enter the U.S. on a K-2 visa. Approved petitions are sent to the Department of State National Visa Center (NVC).
Attend a visa interview (Department of State)
NVC will send approved I-129F forms to the U.S. Embassy or consulate in the country your fiancé resides. The embassy or consulate will schedule an in-person interview for your fiancé. A Department of State consular officer will determine whether or not to grant a K-1 visa. If a K-1 visa is issued, it is valid for six months.
Enter the United States at a port of entry (Customs and Border Protection)
Your fiancé must enter the country while the K-1 visa is valid. Upon entry to the United States, you will have 90 days in which to get married. Your fiancé can apply for work authorization upon entry to the country by filing Form I-765, Application for Employment Authorization.
Adjustment of status (USCIS)
After marriage, your spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Our Immigration Experts Can Help!
One misstep on your immigration forms can cause delays and rejections. The Law Offices of Scott Warmuth helps immigrants complete forms accurately and prepare the necessary documentation. We’ve been helping immigrants navigate the law for more than three decades. Our immigration lawyers can help you secure a K-1 fiancé visa for your spouse-to-be.