Immigration Blog

October 22, 2024

Visas for Fiancé(e)s of US citizens (K1 nonimmigrant visa)

Happy young couple lying on the floor on pillows

To bring a foreign fiancé(e) to the United States for the purpose of marriage, U.S. citizens can file a petition using Form I-129F, also known as the Petition for Alien Fiancé(e). This petition is a key step in obtaining a K-1 nonimmigrant visa, commonly referred to as the “Fiancé Visa.”

Here are the main points to consider when filing for a K-1 visa:

  1. The petitioner must be a United States citizen.
  2. Intention to Marry: The petitioner and the foreign fiancé(e) must intend to marry within 90 days of the fiancé(e)’s arrival in the US.
  3. In-Person Meeting: The couple must have met in person at least once within the two years preceding the filing of Form I-129F, unless an exemption applies.
  4. Eligibility to Marry: Both individuals must be legally free to marry, meaning they are either single or have legally terminated any previous marriages.

The Application Process

  1. Filing Form I-129F: The US citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with USCIS.
  2. USCIS Approval: Once USCIS approves the petition, it is sent to the National Visa Center (NVC), which then forwards it to the US Embassy or Consulate in the foreign fiancé(e)’s country.
  3. Visa Interview: The foreign fiancé(e) will be scheduled for an interview at the US Embassy or Consulate, where they must present necessary documentation and demonstrate eligibility for the K1 visa.

Post-Visa Approval

  1. Single-Entry Visa: If the K1 visa is granted, it is valid for six months for a single entry into the United States.
  2. Marriage Requirement: The couple must marry within 90 days of the fiancé(e)’s entry into the United States.
  3. Non-Renewable Visa: The K1 visa cannot be renewed. If the marriage does not occur within 90 days, the fiancé(e) must leave the United States to avoid legal consequences, including possible deportation.

Post-Marriage Process

Adjustment of Status: After marriage, the foreign spouse can apply for permanent legal residency (a green card) through an Adjustment of Status application.

Important Considerations:

  • Legal Permanent Residents (green card holders) cannot petition for a K1 visa; only US citizens can.
  • The marriage must be entered in good faith with the intention of establishing a life together in the U.S.
  • Background Checks: Both the U.S. citizen and the foreign fiancé(e) must pass background checks.
  • Health and Vaccination Requirements: The foreign fiancé(e) must undergo a medical examination and meet vaccination requirements.
  • Financial Support: The U.S. citizen petitioner must demonstrate the ability to financially support the foreign fiancé(e).

If you need more information or personalized advice, you can contact the office at 503-224-0950 for a free consultation. Attorney Diana Bailey has more than 20 years practicing Immigration law.