K-1 fiancé of a U.S. citizen

A K-1 visa allows a United States citizen to bring a fiancé or fiancée to the United States for the purpose of marriage

The U.S. citizen (the petitioner) files Form I-129F, Petition for Alien Fiancé(e), with USCIS. The petitioner must show that both parties are free to marry and intend to marry within 90 days of the foreign national’s admission to the United States as a K-1 nonimmigrant.

Generally, the U.S. citizen and the fiancé or fiancée must have met each other in person during the 2 years before filing the petition.

The visa applicant must bring documents to the visa interview including proof of the relationship and proof of medical examination.

A. Intention to Marry Within 90 Days of Entry. Submit evidence that you and your fiancé(e) intend to marry within 90 days of your fiancé(e)’s entry as a K-1 nonimmigrant. Evidence of your intention to marry may include statements of intent to marry signed by both you and your fiancé(e) or any other evidence that establishes, by a preponderance of the evidence, your mutual intention; and

B. In-Person Meeting. Submit evidence that you and your fiancé(e) met in person during the 2-year period immediately before you filed this petition. Evidence of this meeting may include, but is not limited to, a written statement from you and/or your fiancé(e) stating the circumstances of your meeting, a copy of airline tickets, passport pages, or other evidence. If you believe you qualify for an exception to the in-person meeting requirement, submit evidence in support of the exception.

If you claim that the in-person meeting requirement would result in extreme hardship to you, submit evidence to support your claim. If you claim that the in-person meeting requirement would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice, include evidence that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice.

If USCIS approves the Form I-129F, the approval means that USCIS recognizes there is an intended marriage. USCIS will notify the petitioner and send the approved petition to the Department of State’s National Visa Center (NVC). An approval does not give the foreign national permission to travel to the U.S. and does not guarantee that the Department of State will issue the K-1 visa.

If a DOS consular officer finds that the applicant is a bona fide fiancé or fiancée eligible for the visa, and is not inadmissible or otherwise ineligible for the visa, DOS will issue a visa that is valid for no more than 6 months and a single entry into the United States — meaning the fiancé or fiancée has no more than 6 months to travel to the United States and seek admission.

As with any visa, the K-1 nonimmigrant visa simply allows an individual to travel to the United States to seek admission at a port of entry. Having a K-1 visa does not guarantee admission.

If CBP admits the K-1 visa holder, the period of admission is 90 days.

Admission on a K-1 visa is conditioned on marrying the same U.S. citizen petitioner within those 90 days. This period cannot be extended and a K-1 visa holder, with limited exception, cannot change to a different nonimmigrant classification without first leaving the United States to obtain the different classification.

Once married, the foreign national spouse should file Form I-485, Application to Register Permanent Residence or Adjust Status, as soon as possible.

If lawful permanent residence is granted before the second anniversary of the marriage, the foreign spouse will be given 2-year conditional permanent resident status and a Green Card* valid for 2 years. (If permanent residence is not granted until after the second anniversary of the marriage, the applicant will be given lawful permanent resident status without conditions and a Green Card valid for 10 years.)

A conditional permanent resident must petition to remove conditions on his or her status within 90 days prior to the end of his or her conditional resident status. A conditional Permanent Resident Card cannot be renewed. The conditions must be removed, or the conditional permanent resident will lose lawful permanent resident status and be subject to removal from the United States.