What is a K-1 visa?
A K-1 visa, also known as a “Fiancé(e) Visa,” is a non-immigrant visa category in the United States that allows a U.S. citizen to bring their foreign fiancé(e) to the U.S. with the intention of getting married. The primary purpose of the K-1 visa is to provide the couple an opportunity to marry within 90 days of the foreign fiancé(e) entering the country.
Key characteristics of the K-1 visa include:
- Engagement Requirement: The U.S. citizen petitioner and the foreign fiancé(e) must have a genuine intention to get married within 90 days of the fiancé(e)’s entry into the U.S.
- Petition: The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the eligibility of the foreign fiancé(e) to apply for the K-1 visa.
- Processing Time: Once the I-129F petition is approved, the case is forwarded to the U.S. consulate or embassy in the foreign fiancé(e)’s home country for further processing. The processing time can vary by location.
- Visa Application: The foreign fiancé(e) applies for the K-1 visa at the U.S. consulate or embassy in their home country. The application process includes an interview and providing required documentation.
- Single Entry Visa: The K-1 visa is typically a single entry visa, allowing the foreign fiancé(e) to enter the U.S. once.
- 90-Day Window: After entering the U.S., the foreign fiancé(e) and the U.S. citizen petitioner must get married within 90 days. If the marriage does not take place within this period, the foreign fiancé(e) must depart the U.S.
- Adjustment of Status: After the marriage, the foreign spouse can apply for Adjustment of Status (Form I-485) to obtain lawful permanent residency (a green card) in the U.S.
- Conditional Green Card: If the marriage took place less than two years before obtaining the green card, the foreign spouse receives a conditional green card. After two years, they must apply to remove the conditions and obtain a permanent green card.
It’s important to note that the K-1 visa process is subject to specific requirements and regulations, and both the U.S. citizen petitioner and the foreign fiancé(e) must meet certain eligibility criteria. The couple must provide evidence of their genuine relationship and intention to marry.
As immigration laws and policies can change, it’s recommended to consult with an experienced immigration attorney or legal professional to navigate the K-1 visa process correctly and to ensure that all requirements are met.
How to apply for a K-1 visa?
Applying for a K-1 visa involves several steps and requires both the U.S. citizen petitioner and the foreign fiancé(e) to complete specific forms, gather documentation, and follow a structured process. Here’s a step-by-step guide on how to apply for a K-1 visa:
Step 1: U.S. Citizen Petitioner’s Preparation:
- Eligibility Check: Ensure that you (the U.S. citizen petitioner) meet the eligibility criteria to sponsor a foreign fiancé(e) for a K-1 visa.
- File Form I-129F: Complete and file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes your relationship and eligibility to sponsor your fiancé(e).
Step 2: Foreign Fiancé(e)’s Preparation:
- Wait for Petition Approval: After USCIS approves the I-129F petition, they will forward it to the U.S. consulate or embassy in your fiancé(e)’s home country.
- Receive Instruction Package: The U.S. consulate or embassy will send your fiancé(e) an instruction package that includes information about the visa application process, required documents, and steps to schedule a visa interview.
Step 3: Visa Application and Interview:
- Gather Required Documents: Collect all necessary documents for the visa application, including the DS-160 form confirmation, passport, photographs, birth certificate, divorce or death certificates (if applicable), and other supporting evidence of your relationship.
- Pay Visa Application Fee: Pay the required visa application fee as instructed by the U.S. consulate or embassy.
- Complete DS-160 Form: Fill out the DS-160 Online Nonimmigrant Visa Application form and submit it. You will receive a confirmation page with a barcode.
- Schedule Visa Interview: Visit the U.S. consulate or embassy’s website and follow the instructions to schedule a visa interview appointment.
- Attend Visa Interview: Attend the visa interview at the U.S. consulate or embassy. Be prepared to provide information about your relationship, your intentions to marry, and your future plans in the U.S.
- Medical Examination: Some U.S. consulates or embassies require a medical examination by an approved panel physician before the interview.
Step 4: Visa Issuance and Travel to the U.S.:
- Visa Approval: If the visa is approved, you will receive your passport with the K-1 visa stamped inside.
- Travel to the U.S.: Travel to the U.S. before the visa expiration date indicated on the visa.
Step 5: Getting Married and Adjusting Status:
- Marriage: After entering the U.S., you and your U.S. citizen fiancé(e) must get married within 90 days.
- Apply for Adjustment of Status: After the marriage, you can apply for Adjustment of Status (Form I-485) to obtain lawful permanent residency (a green card) in the U.S.
- Conditional Green Card (if applicable): If you were married less than two years before obtaining the green card, you will receive a conditional green card. After two years, you must apply to remove the conditions and obtain a permanent green card.
It’s important to note that the K-1 visa process involves specific requirements and documentation, and any missteps or omissions can lead to delays or denials. Given the complexity of the process, consulting with an experienced immigration attorney can help ensure that you navigate the K-1 visa process successfully and accurately.
K-1 visa filing fees
The K-1 visa filing fees can vary depending on the specific steps of the process and the location of the U.S. consulate or embassy where the visa application is processed. Please note that USCIS fees and visa application fees can change over time, so it’s important to check the official USCIS website and the U.S. consulate or embassy’s website for the most up-to-date fee information. Here’s a general overview of the fees that might be involved in the K-1 visa application process:
Form I-129F, Petition for Alien Fiancé(e) (U.S. citizen petitioner’s filing):
- The filing fee for Form I-129F is typically required when the U.S. citizen petitioner submits the petition to U.S. Citizenship and Immigration Services (USCIS).
- The filing fee for Form I-129F is approximately $535.
K-1 Visa Application and Processing (Foreign fiancé(e)’s filing):
- Visa application and processing fees are typically paid by the foreign fiancé(e) to the U.S. consulate or embassy processing the visa application.
- The visa application fee can vary by location and is typically paid in the local currency of the foreign fiancé(e)’s home country.
- The visa application fee for a K-1 visa is approximately $265.
Please note that additional fees might apply for other steps of the process, such as the medical examination, which is typically conducted by an approved panel physician.
Keep in mind that fee amounts and requirements can change, and it’s important to consult the official USCIS website and the website of the U.S. consulate or embassy where the visa application will be processed for the most accurate and up-to-date fee information.
Additionally, consider other potential costs such as travel expenses, translations, and any legal fees if you choose to consult with an immigration attorney to navigate the K-1 visa process effectively.