Fiance Visa
The K-1 finance visa is a visa that allows a United States citizen to bring their foreign national fiancé into the United States for the purpose of getting married. The K-1 fiance visa is not a green card and does not otherwise entitle your fiancé to stay in the United States. To be sure, a K-1 visa allows your finance to enter the United States one time within six (6) months of its issuance. Once your finance enters the U.S. you and your finance have a period of ninety (90) days to get married. Should you and your finance decide not to get married, your fiancé must leave the United States prior to the expiration of the 90 day period. If the marriage takes place, you and your spouse must immediately file an application for adjustment of status to adjust your new spouse’s status to that of a legal permanent resident.
Who qualifies for a K-1 fiance visa?
There are four basic requirements to qualify for a K-1 fiance visa:
1. You must be a United States citizen. (*Legal Permanent Residents may not obtain a K-1 visa for their spouse.)
2. You must have met your fiancé within the last two years.
3. You and your fiancé must both be legally free to marry.
4. You and your fiancé must have a bona fide intention to marry each other within 90 days of your spouses entry into the United States.
May my fiance’s children come to the United States as well?
The children of the beneficiary of a fiancé visa may be included in the petition for your fiancé. The children of your fiancé may obtain a K-2 visa to enter the United States with your fiancé. Upon your marriage, the children must also adjust their status to that of Lawful Permanent Residents.
What are the procedures for obtaining a K-1 finance visa?
The first step in the fiancé visa process is for the Petitioner (the United States Citizen) to file a petition with the appropriate USCIS service center. The petition must be filed with several other documents that establish that the Petitioner and his or her spouse meet the requirements of the fiancé visa. Improperly prepared petitions—even petitions with minor errors—are routinely rejected by USCIS service centers. An improperly prepared petition can greatly increase the fiancé visa processing time.
Once approval of the K-1 finance visa has been received, the Petitioner and his or her fiancé must submit several additional forms to the United States Embassy that has jurisdiction over the fiance’s country. Upon receipt of the additional documents, the State Department will conduct a routine background check of your fiancé. After the background check is completed the fiancé will be instructed to obtain a medical examination at a designated hospital or clinic and to appear at the U.S. Embassy to present the required documents and undergo an interview with an Embassy Consular Official. Assuming everything is in order, the Consular Official will issue the K-1 visa to your fiancé the day of the interview. At this time your fiancé may travel to the United States.
How long does it take to obtain a K-1 visa?
The processing times for K-1 visas vary depending on the USCIS service center that is processing the petition. USCIS service centers produce a report that shows the estimated processing times for all classes of visa petitions.
