How Does a K1 Fiancee Visa Work?

What Is a “Fiancee”?

A fiancee is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States  where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a "fiancee" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

How Does a Fiancee Visa Work?

An American citizen must meet the legal requirements for the K1 Fiancee Visa. If you are an American citizen and you want your foreign fiancee to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancee in the United States to obtain a K 1 fiancee visa for your foreign fiancee.

Filing the Petition

You must file the Petition for Alien Fiancee,  Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S.  immigration office abroad

After the USCIS approves the petition, it sends the petition to National Visa Center  for processing, prior to sending it to the embassy or consulate where your fiancee will apply for a K-1 nonimmigrant visa for a fiancee (aka K-1 fiancee visa).

What Should I Know about International Marriage Broker Regulation Act (IMBRA)?

Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new  Form I-129F, Petition for Alien Fiancee instructions.

Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

A Fiancee Is Also an Immigrant

Because a fiancee visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancee must meet some of the requirements of an immigrant visa.

Applying for a Visa

The consular section at the embassy or consulate where you, the fiancee of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. The following is required:

The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.

Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.

Fees - How Much Does It Cost?

Fees are charged for the following services:

• Filing an Alien Fiancee Petition, Form I-129F
• Nonimmigrant visa application processing fee
• Medical examination (costs vary from post to post)
• Fingerprinting fees, if required
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.
• Filing  Form I-485 Application to Register Permanent Residence or to Adjust Status

For current fees for Department of State, government services select Fees.

Vaccination Requirements

All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and diptheria toxoids
• Pertussis
• Influenza type B
• Hepatitis B
• Varicella
• Pneumococcal

As a fiancee, you are not required to fulfill this requirement at the time of your medical examination for a fiancee visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.

What Must Happen After Getting the Fiancee Visa?

After getting the fiancee visa, your fiancee enters the U.S.  through a U.S. immigration port-of-entry. The U.S. immigration official gives your K-1 fiancee instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancee’s entry into the United States.

After marriage, your spouse must file Form  I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support,  Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the  Department of Homeland Security's, USCIS internet site.

Can a K-1 Visa Holder Leave the United States?

The k-1 fiancée visa allows a fiancee to enter the United States  one time only. If you leave the United States  after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with  Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See  Emergency Travel for information on how to get a travel document that allows you to return to the United States.

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see  How Do I Get a Work Permit (Employment Authorization Document)?

Children Have Derivative Status

The child of a fiancee may receive a derivative K-2 visa from his/her parent’s fiancee petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form  I-485  Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancee or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancee within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

How Long Does It Take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Trafficking in Drugs
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

How Do I Find the Regulations on the K-1 Visa?

To read relevant information regarding Department of State regulations on the K-1 fiancee visas select Foreign Affairs Manual (FAM).

How to Apply for a Social Security Number Card

After your fiancee has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area. To learn about how-to-apply, visit the website for the  Social Security Administration.