K-1 Fiancé Visa
K-1 Visas are for people who are fiancé(e)s of a United States Citizen.
The K-1 visa allows the fiancé(e) to enter the United States solely to get married to the United States Citizen, and they will have 90 days to do so once they enter the United States. Once married, the K-1 may apply for lawful permanent residence and get a Green Card.
To start the process, the United States Citizen files form I-129F with United States Citizenship and Immigration Services (USCIS). They must show there is a bona fide (real and genuine) intention to marry within 90 days of entry, there are no legal obstacles to getting married such as a still-valid marriage, they have previously met in person within the last two years, and there are no criminal issues preventing approval.
Once approved at USCIS, the visa application is submitted to the Department of State along with supporting evidence including an affidavit showing that the United States Citizen will be able to financially support his or her fiancé(e). Then, the U.S. Embassy or consulate will schedule an interview with the fiancé(e) and, if approved, issue the visa. The fiancé(e) will then enter the United States and has 90 days to get married. If not married in 90 days, the fiancé(e)’s status expires and he or she must leave.
In addition, the fiancé(e) may bring their unmarried children under age 21 to the United States on a K-2 visa. The children’s information must be included on the I-129F submitted for the fiancé(e) and must still be unmarried and under 21 when they enter the United States. Further, they cannot travel to the United States before the fiancé(e) does, but they may travel at the same time or later than the fiancé(e). Once the United States Citizen and the fiancé(e) are married, unmarried children will be eligible for a Green Card.
