What is K-1 Visa?
A K-1 visa, commonly known as a Fiancé(e) visa, allows a foreign-citizen Fiancé(e) to enter the U.S. to marry their U.S. citizen Fiancé(e) within 90 days of arrival. Following the marriage, the foreign national spouse can apply for Adjustment of Status to become a lawful permanent resident (Green Card holder).
K-1 Visa Eligibility Requirements
1. Petitioner’s Status: The sponsoring Fiancé(e) must be a U.S. citizen.
2. Intent to Marry: Both parties must have a bona fide intention to marry within 90 days of the foreign-citizen Fiancé(e)'s entry into the U.S.
3. Legal Capacity: Both must be legally free to marry, meaning any previous marriages have been legally terminated by divorce, annulment, or death.
4. In-Person Meeting: Generally, the parties must have met in person at least once within the two years preceding the filing of the petition. Exceptions may be granted if meeting in person would result in extreme hardship or violate strict cultural or religious customs.
The K-1 Visa Process: Step by Step
Step 1. The U.S. citizen sponsor submits Form I-129F, Petition for Alien Fiancé(e), to U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the parties.
Step 2. Upon approval, USCIS forwards the petition to the National Visa Center (NVC), which assigns a case number and sends it to the appropriate U.S. Embassy or Consulate.
Step 3. The foreign-citizen Fiancé(e) completes the DS-160 form online and attends a visa interview at the U.S. Embassy or Consulate in their country.
Step 4. If the K-1 visa is granted, the foreign-citizen Fiancé(e) must enter the U.S. within six months. The couple must marry within 90 days of entry.
After marriage, the foreign spouse applies for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
Children of Fiancé(e)s
Unmarried children under 21 may accompany the K-1 visa holder under K-2 visas.
Important Considerations in K-1 Visa Process
K-1 visa holders can apply for work authorization by filing Form I-765, Application for Employment Authorization.
If the marriage does not occur within 90 days, the K-1 visa holder must depart the U.S. Failure to do so can result in removal proceedings and potential future immigration complications.
Heads Up!
Immigration laws and regulations are constantly changing. To ensure you have the most current guidance tailored to your unique situation, we recommend consulting with our experienced legal team before you take an action.
Why Choose ZMK Law for Your K-1 Visa Process?
The K-1 visa process is not just about legal paperwork; it’s about bringing loved ones together. Our experienced team offers high quality legal service, ensuring all requirements are met promptly and accurately. We are committed to reuniting families and making the journey as smooth as possible. Also, not to mention that ZMK Law is a client-focused boutique law firm, where our clients are treated with utmost respect and kindness.