Streamlined K-1 Fiancé Visa Process with ImmigrateFast.Law
Experience a smooth immigration process with our streamlined K-1 Visa service.
What is K-1 fiancé visa?
The K-1 fiancé visa allows a foreign national to enter the US for up to 90 days to marry a US citizen. To qualify for a fiancé visa, the foreign boyfriend or girlfriend must intend to marry the US citizen within 90 days of arrival. The couple must have met within the two years before the fiancé visa application unless waived by immigration officials due to custom or hardship. Finally, both parties must be eligible to marry by meeting the age requirements and showing proof that any former marriages ended in divorce, annulment, or death. Note: during the consular processing portion of the fiancé visa process, the consulate may require the US citizen fiancé(e)to file evidence of their ability to support the foreign national on form I-134. Many consulates require the petitioner to have income at or above the poverty level. An immigration attorney can help evaluate your eligibility for sponsoring a foreign fiancé.
Is my foreign-born fiancé eligible for a K-1 visa?
- The petitioner must be a U.S. citizen
- The U.S. citizen and foreign fiancée must have met in person within the last two years
- Both the U.S. citizen or foreign fiancé must be free to marry
- The U.S. citizen and foreign fiancé must intend to marry within 90 days of the fiancé’s entry into the U.S
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Full Representation
From 0 to 100 with an Experienced Attorney-
Guaranteed Approval
-
Top-Rated Attorneys
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Flat-Fee Pricing
-
No Interest Payment Plans
Frequently Asked Questions
What is the fiancé(e) visa?
The fiancé(e) K-1 nonimmigrant visa provides entry to the foreign-citizen fiancé(e) of a United States (U.S.) citizen. This visa allows the foreign fiancé(e) to travel to the U.S. to marry their prospective spouse within 90 days of arrival.
Am I eligible for a fiancé(e) visa?
You may be eligible to bring your fiancé(e) to the United States (U.S.) on a fiancé(e) visa if you meet the following criteria: you must be a U.S. citizen, you and your fiancé(e) intend to marry within 90 days of your fiancé(e) being admitted to the U.S., you must be free to legally marry and all previous marriages (if applicable) have been terminated. Moreover, you and your future spouse must have met in person at least once within a 2-year period before filing your petition. However, there are certain stipulations in place that will allow you to request a waiver of the in-person meeting requirement.
Can my fiancé(e) work on a K-1 visa?
Yes. After being admitted into the U.S., a foreign fiancé(e) 0f a U.S. citizen may immediately apply for employment authorization using Form I-765. The employment authorization, however, would only be valid for 90 days while the marriage is performed. Once married, you may extend the employment authorization by filing a new Form I-765 with the Form I-485, Application to Adjust Status.
How long is the application process?
Applying for a K-1 visa can take anywhere between 6-12 months. The process does not have an expedited processing service option. However, there are certain steps you can take to reduce delays and visa denial. It is vital to use experienced immigration lawyers that have a proven track record of success to walk you through this process. Hiring legal counsel can significantly decrease mistakes, eliminate the hassle of missing information, and even, avoid minute mistakes altogether. A trusted law firm can help you prepare your application and manage all supporting documents to ensure a smooth process!
What happens after I file the petition for my fiancé(e)?
If the petition for your fiancé(e) is approved and a visa is granted, the fiancé(e) will be admitted into the U.S. for 90 days, the time frame in which the marriage must be performed. Once married, the fiancé(e) may file a Form I-485, Application to Adjust Status. Consult with one of our attorneys and refer to the Adjustment of Status section for further requirements for Adjustment of Status.
After the visa is granted, how much time do my fiancée and I have to marry?
A foreign fiancé(e) who arrives in the U.S. on a K-1 visa must marry the U.S. citizen fiancé(e) within 90 days of arriving. If the marriage is not performed within 90 days, the fiancé(e)’s status expires, and the fiancée should leave the United States after the 90 days.
We failed to meet the 90-day deadline to marry, can I extend the visa?
No. A foreign fiancé(e) must marry the U.S. citizen within 90 days of arrival. K-1 nonimmigrant status automatically expires after 90 days and cannot be extended. In order to appeal for a fiancé(e), the U.S. citizen petitioner must show intent to marry within 90 days. If the 90-day marriage period is not met, your fiancé(e) must leave the U.S. Otherwise, your future spouse will violate U.S. immigration law.
Can my fiancé(e) work on a K-1 visa?
Yes. After being admitted into the U.S., a foreign fiancé(e) 0f a U.S. citizen may immediately apply for employment authorization using Form I-765. The employment authorization, however, would only be valid for 90 days while the marriage is performed. Once married, you may extend the employment authorization by filing a new Form I-765 with the Form I-485, Application to Adjust Status.
What happens after I file the petition for my fiancé(e)?
If the petition for your fiancé(e) is approved and a visa is granted, the fiancé(e) will be admitted into the U.S. for 90 days, the time frame in which the marriage must be performed. Once married, the fiancé(e) may file a Form I-485, Application to Adjust Status. Consult with one of our attorneys and refer to the Adjustment of Status section for further requirements for Adjustment of Status.
After the visa is granted, how much time do my fiancé(e) and I have to marry?
A foreign fiancé(e) who arrives in the U.S. on a K-1 visa, must marry the U.S. citizen fiancé(e) within 90 days of arriving. If the marriage is not performed within 90 days, the fiancé(e)’s status expires and the fiancée should leave the United States after the 90 days.
My foreign fiancé(e) and I are engaged but we do not intend to marry within 90 days. Is my fiancé(e) eligible for a K-1 visa?
No. The purpose of the K-1 visa is to specifically allow the fiancé(e) of a U.S. citizen to arrive to the United States in order to marry. In order to petition for a fiancé(e), the U.S. citizen petitioner must show intent to marry within 90 days.
My fiancé(e) is already in the United States. Do I need to file a I-129F Petition?
No. If your fiancé(e) is already in the United States, you may file an I-130 for your fiancée as your spouse once you are married. Furthermore, if your fiancé(e) entered the using a visa other than a K-1 visa, then he or she may simultaneously file an I-485, Application to Adjust of Status with the I-130 petition. If your fiancé(e) entered unlawfully, then you may still file an I-130 petition; however, they would be ineligible for adjustment of status and will require consular processing.
What happens if I’m ineligible for the visa?
When the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law. The situations which make a visa applicant ineligible for a visa, called visa ineligibilities, are found in the Immigration and Nationality Act (INA), and other immigration laws. If you are ineligible for a visa based on one or more of the laws listed in Section 212(a) of the Immigration and Nationality Act, you may be able to apply for a waiver.
Are there any vaccine requirements?
No. K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance.
Do I need a medical examination?
Yes. While preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of a K-1 visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized physicians.
Are my children required to travel with me?
No. Your children have the option to accompany you to the United States or arrive at a later date. However, your children must travel within the validity of their K-2 visas. If it has been more than one year from the date of issuance of your K-1 visa, they will not be eligible to receive K-2 visas. If this is the case, separate immigrant visa petitions will be required.
Should my U.S.citizen fiancé(e) file separate petitions for my children?
No. Based on the approval of Form I-129F, Petition for Alien Fiancé(e), your eligible children may apply for K-2 visas. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee. Nevertheless, please be advised that your U.S. citizen fiancé(e) must list the children on the original petition.
Can I travel to the U.S while my K-1 visa is pending?
Yes. You can travel to the United States while your visa is pending however, you may be subject to additional investigation. Traveling under another visa status or the visa waiver program is not advised for K-1 fiancé(e) visa applicants prior to the approval of their K-1 visa.
