The K-1 Fiancé(e) visa allows a U.S. citizen to bring his or her foreign fiancé/ee to the U.S. to get married and obtain a green card (adjust status). Fiancés and fiancées of a US citizen qualify for the K-1 visa. An application is filed with the USCIS on behalf of the fiancé(e), who will then be interviewed at a US consulate abroad.The K-1 Fiancée Visa

The K-1 Fiancé(e) Visa allows a U.S. citizen to bring his or her foreign fiancé(e) to the U.S. to get married and obtain a green card (adjust status).

Fiancés and fiancées of a U.S. citizen qualify for the K-1 visa. An application is filed with the USCIS on behalf of the fiancé(e), who will then be interviewed at a U.S. consulate abroad. The petitioner must prove there is a bona fide intent to marry, that it is both legally and practically possible, and that they met the foreign fiancé(e) within two years of filing the petition. If the visa is granted, the fiancé(e) then has 6 months in which to enter the U.S. and must then marry the U.S. citizen within 90 days of entry. After marrying, the newly married foreign spouse, again with the help of the U.S. citizen spouse, would ordinarily file for "Adjustment of Status", a process in which they convert their K-1 fiancé(e) status to that of "Lawful Permanent Resident Status", commonly referred to as a 'green card'. This initial residency status is conditioned on the couple staying married if, at the time permanent resident status is granted, the couple has been married for less than two years. The conditional status may be removed after two years by filing a Petition to Remove Conditions on Permanent Residency on form I-751.

Whether your loved one is already in the U.S. or is still in another country, we can assist with every step of the immigration process in order to ensure your success. CONTACT US with any questions you may have or to get started with the process. We have extensive experience with K Visas, consular practice and adjustment of status.

K-1 VISA Frequently Asked Questions

What is a fiancée?
A fiancé(e) is a person who is engaged to be married.
Should I apply for a K-1 visa or a K-3 visa?
The K-1 visa process is typically faster than the K-3 visa process, although processing times change frequently. Please note that if a K-1 visa applicant marries their fiancée before the visa is approved the K-1 visa petition will no longer remain valid and the petitioner will need to file a K-3 petition. You should consult an immigration attorney to determine which visa is the most appropriate for you.
Where is the fiancée visa petition filed?
You must file the petition for Alien Fiancé(e) with the Department of Homeland Security Citizenship and Immigration Services (USCIS) office that serves your area of residence. You cannot file this petition at an embassy, consulate or immigration office abroad. If the petition is approved by USCIS, it will be sent to the National Visa Center for processing. The National Visa Center performs security checks to ensure that the applicant is admissable to the United States.  After that it will be sent to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant fiancé(e) visa.
Can I extend the petition?
The I-129F petition is valid for 4 months from the date of approval from USCIS. The petition can be revalidated by consular officers if it expires before the processing of the visa application is completed. Typically most consular officers revalidate the I-129F petition.
Is my fiancée considered an immigrant or a non-immigrant?
Since the fiancé(e) visa allows the holder to immigrate and marry a citizen, the fiancé(e) must meet some of the immigrant visa requirements.  Consequently, the fiancée visa is also known as a "hybrid" visa.
What must happen after getting the fiancé(e) visa?
Your fiancé(e) must enter the through an immigration port-of-entry. You must get married within 90 days of your fiancé(e) entering the United States.  You should make sure that you marry within ninety days of entering the United States because not complying with this requirement could make you ineligible for further immigration benefits.
Can a K-1 fiancée visa holder leave the United States?
A K-1 visa allows your fiancé to enter the U.S. only once. If your fiancé(e) leaves the U.S. after entering on a K-1 visa, she will not be able to re-enter on the same visa. If your fiancé(e) needs to leave and re-enter the US, they must apply with the Application for Travel Document to the USCIS for Advance Parole which allows them to return to the U.S.
Can a K-1 fiancée visa holder work in the United States?
A K-1 visa holder must file Form I-765 Application for Employment Authorization in order to obtain work authorization.
Can my child accompany me to the United States?
A fiancé(e)s child may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the citizen, must name the child in the fiancé(e) visa petition.  After your petition is forwarded to the U.S. Embassy, the U.S. Embassy will request that you submit U.S. Embassy forms on behalf of your child. The child must be unmarried. The citizen must marry the fiancé(e) (child’s parent) before the child is 18 years of age.
How Long will it take?
Length of cases will vary according to circumstance. Processing by USCIS and consular offices takes varying time periods. Cases can be delayed because the applicant did not follow the instructions carefully, or supplied inaccurate and/or incomplete information. Our office prevents unnecessary delays by filing an error-free application. In addition, the embassy or consulate may need to obtain security clearances for the applicant. Most of our cases are approved at the the time of the interview or shortly thereafter.
What if the applicant is ineligible for a visa?
Certain conditions and activities may make an applicant ineligible for a visa. These conditions include:
• Trafficking in drugs
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents
What is the medical examination?
The medical examination consists of a chest X-ray and blood test, which includes testing for HIV infection (AIDS) and venereal disease. Vaccination requirements: On the day of the medical examination, the physician will be required to verify that the applicant has had the following vaccinations if appropriate for age, medical condition or medical history.
• Influenza type B
• Hepatitis B
• Measles
• Mumps
• Pertussis
• Pneumococcal
• Polio
• Rubella
• Tetanus and diptheria toxoids
• Varicella
The applicant should have their vaccination records available for the panel physician's review at the time of the medical examination. If a vaccination record is not available, the panel physician will assist the applicant in determining which vaccinations may be required and the panel physician may precede with taking the necessary vaccinations. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician. Only a physician can determine which of the listed vaccinations are medically appropriate for the applicant.
Who can notarize the signatures on the Affidavit of Support?
The Affidavit is a contract and so it must be notarized. A consular officer abroad, an adjudications officer from the USCIS, or a notary public can notarize signatures on the Affidavit. However, consular officers generally won’t accept Affidavits notarized by foreign notary publics. It’s always best to havean Affidavit notarized in the U.S. prior to submission.
What is the I-864A?
The I-864A is for the spouse, referred to as the “household member,” of any sponsor/co-sponsor whose income is included in the calculation of the federal poverty guideline requirements. If applicable, this form is filed with the adjustment of status (green card) application.  The household member agrees to make their income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an Affidavit. It may be possible for a sponsor who does not wish to involve their spouse to provide evidence of his or her own independent qualifying income, thereby obviating the need for this form.
What will happen at the U.S. Embassy Interview?
At the interview, the Consular Officer may ask the applicant questions regarding the relationship to determine whether it is real. The officer will also review the citizen fiancé's financial documents to assess whether the petitioner meets the financial support requirements. If found eligible, the applicant will receive a K-1 visa valid for up to 90 days. Sometimes, the officer may decide to conduct additional background security checks before issuing the K-1 visa to ensure that the applicant does not have a criminal record or is not a terrorist threat.  Preliminary screening may be performed by a native of the country rather than a Department of State officer.