A K-1 fiancée visa is a nonimmigrant visa that allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of marriage and becoming a lawful permanent resident. The holder of the visa has 90 days to get married in the U.S., after which they can apply for an adjustment of status to get a marriage green card.
To be eligible for a K-1 visa, both the petitioner (the U.S. citizen) and beneficiary (the foreign fiancé(e)) must meet the following requirements:
- The petitioner must be a U.S. citizen.
- The beneficiary must be a foreign citizen.
- Both the petitioner and beneficiary must be legally free to marry.
- The petitioner and beneficiary must intend to marry within 90 days of the beneficiary's admission to the United States as a K-1 nonimmigrant.
- The petitioner and beneficiary must have met each other in person at least once within the 2-year period before the petition is filed.
The K-1 visa application process begins with the petitioner filing Form I-129F, Petition for Alien Fiancé(e), with USCIS. The petition must be accompanied by evidence that the petitioner and beneficiary meet the eligibility requirements, such as proof of citizenship, divorce decrees or death certificates of previous spouses, and photographs of the petitioner and beneficiary together.
Once the petition is approved, the beneficiary will be issued a K-1 nonimmigrant visa by a U.S. embassy or consulate. The beneficiary must then travel to the United States within 90 days of receiving the visa. Upon arrival in the United States, the beneficiary must marry the petitioner within 90 days. After the marriage, the beneficiary can apply for adjustment of status to become a permanent resident.