A K-1 visa is a type of non-immigrant visa issued by the United States government to the fiancé(e)s of U.S. citizens. The primary purpose of the K-1 visa is to allow the foreign fiancé(e) to travel to the United States for the purpose of marrying their U.S. citizen sponsor within 90 days of arrival. After the marriage takes place, the foreign fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder).
Key points about the K-1 visa process:
- Eligibility: To apply for a K-1 visa, the U.S. citizen petitioner and their foreign fiancé(e) must meet certain eligibility criteria, including being legally able to marry, having a genuine intention to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S., and having met in person at least once within the two years prior to filing the petition. There are some limited exceptions to the in-person meeting requirement.
- Petition: The U.S. citizen sponsor must file a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, USCIS will forward it to the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country.
- Visa Interview: The foreign fiancé(e) will attend a visa interview at the U.S. Embassy or Consulate in their home country. They will need to provide various documents to establish their eligibility for the visa.
- Medical Examination: As part of the visa process, the foreign fiancé(e) is typically required to undergo a medical examination by an approved panel physician.
- Arrival in the U.S.: Once the K-1 visa is issued, the foreign fiancé(e) can travel to the United States. After arrival, they have 90 days to marry their U.S. citizen sponsor.
- Adjustment of Status: After marriage, the foreign fiancé(e) can apply for ‘adjustment of status to become a lawful permanent resident (green card holder).
How to apply for a K-1 visa?
Applying for a K-1 visa involves several steps, and it’s important to follow the process carefully to ensure a smooth application. Here’s a general overview of the steps involved in applying for a K-1 visa:
- Eligibility: Before you begin the application process, make sure both you (the U.S. citizen petitioner) and your foreign fiancé(e) meet the eligibility requirements, including being legally able to marry, having a genuine intention to marry, and having met in person at least once within the two years prior to filing the petition.
- File Form I-129F: The U.S. citizen petitioner needs to file a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form serves as a request to bring your fiancé(e) to the United States. USCIS will review the petition, and if approved, it will be forwarded to the U.S. Embassy or Consulate in your fiancé(e)’s home country.
- Prepare Supporting Documents: Along with the I-129F petition, you must submit supporting documents that demonstrate your eligibility and the legitimacy of your relationship. These documents can include proof of your U.S. citizenship, proof of your meeting in person, statements of intent to marry, and any required translations and affidavits.
- Pay Fees: You’ll need to pay the required filing fee for Form I-129F. The fee is subject to change, so check the USCIS website for the most up-to-date fee information.
- Wait for USCIS Processing: After submitting the I-129F petition, you’ll need to wait for USCIS to process it. This can take several months, and you can check the status of your petition online.
- Attend Visa Interview: If the I-129F petition is approved, your fiancé(e) will be notified by the U.S. Embassy or Consulate in their home country. They will need to attend a visa interview. At this interview, they will be asked questions about their background and relationship with the U.S. citizen petitioner.
- Undergo a Medical Examination: As part of the visa application process, your fiancé(e) will need to undergo a medical examination by an approved panel physician. The results of the medical examination will be submitted as part of the visa application.
- Obtain Required Documentation: Your fiancé(e) will need to provide various documents, such as a valid passport, birth certificates, police clearances, and any other documents required by the U.S. Embassy or Consulate.
- Receive K-1 Visa: If the visa interview is successful and all required documentation is provided, your fiancé(e) will receive a K-1 visa in their passport.
- Travel to the U.S.: Once your fiancé(e) receives the K-1 visa, they can travel to the United States.
- Marry in the U.S.: Your fiancé(e) must marry you, the U.S. citizen petitioner, within 90 days of their arrival in the United States.
- Apply for Adjustment of Status: After marriage, your fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder) by filing Form I-485.
