K-1 visa
The K-1 visa allows a foreign-citizen fiancé(e) to come to the United States on a non-immigrant visa. Each eligible child of a K-1 visa applicant may apply for a K-2 visa by filing and paying the visa application fee.
- The applicant and the foreign-citizen fiancé(e) must be legally free to enter into marriage.
- The applicant and the foreign-citizen fiancé(e) must have spent time together in person within the past two years.
- The applicant and the foreign-citizen fiancé(e) have 90 days to get married once the foreign-citizen fiancé(e) arrives in the U.S.
- The foreign-citizen fiancé(e) will then apply for an adjustment of status to get a green card.
What are the steps?
- The foreign-citizen fiancé(e) and any children should get passports.
- File Form I-129F, Petition for Alien Fiancé(e), and list all children.
- The foreign-citizen fiancé(e) and all children should have visa pictures taken.
- File Form DS-160 for all K Visa applicants.
- Schedule a visa interview and pay the visa application fees
- The embassy will let the applicant know about the required medical exam.
- Attend the visa interview.
- Get married within 90 days of the foreign-citizen fiancé(e) arriving in the U.S.
- File for adjustment of status to get a marriage-based green card.
- Once the fiancee receives the green card, it will be a conditional green card since the marriage has been in place for less than 2 years.
- File for the removal of condition on the green card 90 days before the conditional green card expires.
Required Documentation
The foreign-citizen fiancé(e), and each eligible child applying for a K-2 visa will be required to bring the following:
- Proof of a completed Form DS-160 for all travelers
- A passport that will not expire for at least six months beyond the intended date of travel to the U.S. for each traveler.
- Birth certificate of each traveler.
- Divorce papers or death certificate(s) of any previous spouses if applicable.
- Police certificates for the foreign-citizen fiancé(e) and for accompanying children if they are 18 or older
- Medical examination documents for the foreign-citizen fiancé(e) and any children
- Form I-134, Affidavit of Support prepared by the applicant of the foreign-citizen fiancé(e)
- Two (2) 5 cm x 5 cm visa photographs for each traveler
- Copy of the approved I-129F package originally filed with USCIS to prove the relationship is genuine
The foreign-citizen fiancé(e) should make clear photocopies of all supporting documents for the visa interview. Original documents and translations will be returned.
Additional documents to prove an ongoing relationship between the foreign-citizen fiancé(e) and the applicant such as pictures, online chat transcripts, social media page printouts, copies of remittances, or bank money transfers, and copies of receipts that demonstrate time spent together, and two affidavits: each party stating that he/she is legally able and intends to marry the other.
Medical examination and vaccination requirements
The foreign-citizen fiancé(e) will be provided instructions regarding the required medical clearance from the U.S. Embassy.
Although vaccinations are not required for a K visa, the foreign-citizen fiancé(e) may get the vaccinations required for immigrant visa applicants because he/she will adjust to immigrant status later.
Proof of financial support
The foreign-citizen fiancé(e) is required to prove that they will not become a public charge in the United States. They may present evidence that they are able to financially support themselves or that the applicant is able to provide support. The applicant can submit Form I-134 Affidavit of Support to demonstrate that he/she meets 100 percent of the federal poverty guideline.
The applicant will need to submit Form I-864 when the foreign-citizen fiancé(e) adjusts to a legal permanent resident following the marriage.
How much will it cost?
| Form | Cost |
|---|---|
| I-129F, Alien Fiancé(e) Petition | $535 |
| Non-immigrant visa application processing fee for each K visa applicant | $265 |
| Total | $800 |
How long will it take?
The length of time varies from case to case according to its circumstances. Visit the USCIS website for the status of the petition.
After receiving the K-1 visa
The Consular Officer will give the foreign-citizen fiancé(e) the passport containing the K-1 visa and a sealed packet containing the immigration documents. Only the Customs and Border Protection (CBP) official should open this packet at the U.S. airport. The foreign-citizen fiancé(e), must enter the U.S. either before or at the same time as any qualifying children holding K-2 visas.
The foreign-citizen fiancé(e) may travel to the U.S. a maximum of 6 months after the date of visa issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.
Once married, the couple can apply for a marriage-based green card.
Applying for a marriage-based green card
The beneficiary will need to file Form I-485, Application to Register Permanent Residence or Adjust Status for the k-1 spouse and k-2 dependents, and include various supporting documents.
The applicant will need to gather the following documents:
- Arrival and Departure Records (Form I-94)
- The approval notice, Form I-797 for the initial petition Form I-129F
- Birth certificates
- Marriage certificate
- Passport page containing K-1 fiancé(e) visa
- Passport page containing the entry stamp
- Government-issued ID (must include a photo)
- 2 two inches by two inches passport-style pictures
- Affidavit of Support (Form I-864). Children do not need a separate I-864. The U.S. citizen spouse will just list them in section 9 of the foreign spouse’s I-864.
- Report for Medical Examination and Vaccination (Form I-693)