K-1 Visa

Overview: What is a K-1 Visa?

The K-1 nonimmigrant visa is designed for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. This visa allows the foreign-citizen fiancé(e) to travel to the U.S. for the purpose of marrying their U.S. citizen sponsor within 90 days of arrival. Subsequently, the foreign-citizen can apply for adjustment of status to become a permanent resident (LPR) through the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Since a fiancé(e) visa facilitates immigration and marriage to a U.S. citizen shortly after arriving in the United States, certain requirements of an immigrant visa must be met. Eligible children of K-1 visa applicants can obtain K-2 visas.

What is a “Fiancé(e)”?

According to U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is an individual who has received approval for a Petition for Alien Fiancé(e) (Form I-129F). This individual is then issued a nonimmigrant K-1 visa to travel to the United States and marry their U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally eligible to marry at the time the petition was filed and must continue to meet this requirement. The marriage must comply with the legal regulations of the U.S. state in which it will occur.

Generally, the foreign-citizen fiancé(e) and the U.S. citizen sponsor must have had an in-person meeting within the preceding two years. USCIS may make exceptions to this requirement in cases of extreme hardship for the U.S. citizen sponsor to meet the foreign-citizen fiancé(e) in person, or if cultural norms dictate that a man and woman should not meet before marriage in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture.

7.01.2024