Navigating the world of international love can be thrilling, but it also comes with its share of paperwork. That's where the K1 visa comes in. We've all heard of the "90 day fiancé visa" from popular TV shows, but what exactly is a K1 visa? It's a special permit that allows a U.S. citizen's foreign fiancé(e) to enter the country with the intention to marry within 90 days.
In this guide, we'll break down everything you need to know about the K1 visa process. We'll walk you through the application steps, explain the required documents, and give you a heads-up on what to expect during the interview. Plus, we'll cover what happens after your visa gets approved and how to adjust your status. Whether you're just starting to explore your options or you're ready to apply for a K-1 visa, we've got you covered with all the essential info you'll need to bring your love story to the U.S.
A K1 visa, also known as the fiancé(e) visa, is a special type of nonimmigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States. It's designed for couples who are engaged and plan to get married within 90 days of the foreign partner's arrival in the country. This visa is often referred to as the "90 day fiancé visa" due to this time constraint.
The main purpose of the K1 visa is to bring together international couples who are engaged and want to start their life together in the United States. It serves as a bridge between being engaged and becoming a lawful permanent resident. Here's how it works:
The visa allows the foreign fiancé(e) to enter the U.S. legally.
Once in the country, the couple has 90 days to get married.
After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
It's important to note that while the K1 visa allows for a temporary stay in the U.S., it's not a permanent residency visa. The path to permanent residency begins after the marriage takes place.
To be eligible for a K1 visa, both partners must meet specific requirements. Here are the key criteria:
U.S. Citizen Sponsor: The petitioner must be a U.S. Citizen. Green card holders are not eligible to sponsor a K1 visa.
Intent to Marry: Both partners must have a genuine intention to marry within 90 days of the foreign fiancé(e)'s arrival in the U.S.
Legal Status: Both individuals must be legally free to marry. This means they should be single, divorced, or widowed. Legal separation is not accepted. For those previously married, all past marriages must be officially terminated, and an official divorce decree should be provided as evidence.
In-Person Meeting: The couple must have met in person at least once within the two years prior to filing the visa petition. This requirement helps prove the authenticity of the relationship.
Income Requirement: The U.S. Citizen sponsor must meet specific income requirements. As of 2024, for a household of two people, the sponsor needs to make at least $20,440 per year. If the sponsor doesn't meet this requirement, a joint sponsor can be added to the application.
No Disqualifying Criminal History: The foreign fiancé(e) must not have a criminal record that would make them ineligible for entry into the U.S. Certain convictions, especially those related to drug trafficking, human trafficking, or terrorism, can disqualify an applicant.
Good Health: The foreign partner should not have any communicable diseases that pose a public health risk.
Children: If the foreign fiancé(e) has children under 21, they may be eligible for K2 visas to accompany their parent.
By ensuring these criteria are met, couples can confidently navigate the K1 visa process, setting the stage for a successful journey towards marriage in the United States.
For K1 visa eligibility, all previous marriages must be legally concluded, meaning you must be divorced or widowed, ensuring both parties are free to marry again.
To prove the termination of previous marriages, you need to provide official documents such as a divorce decree or a death certificate if applicable.
t.It's crucial to note that meeting these eligibility criteria doesn't guarantee visa approval. The couple must also successfully complete the application process, which includes filing the necessary forms, providing required documentation, and attending a visa interview at a U.S. embassy or consulate.
In the K1 visa application process, one essential requirement is that you and your fiancé must have met in person within the past two years. However, there are specific exceptions to this rule if meeting wasn't feasible under certain circumstances.
You might qualify for the extreme hardship exception if meeting your fiancé in person would cause significant difficulties. This could include serious financial strains, medical issues, or other substantial burdens that make a physical meeting nearly impossible.
The established custom exception applies when meeting in person goes against long-standing cultural or religious practices. It is essential to provide evidence that this is a recognized tradition within your community and adhering to it respects cultural or religious norms.
If you believe either of these exceptions applies to your situation, it might be beneficial to consult with an immigration expert to explore your options and gather the necessary documentation.
The journey to bring your fiancé(e) to the United States through a K1 visa involves several steps and can take anywhere from 12 to 18 months. Let's break down this process to help you understand what to expect.
The first step in the K1 visa process is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes your intent to marry within 90 days of your fiancé(e)'s arrival in the U.S. Here's what you need to know:
• You must file the form at the USCIS Dallas lockbox. • The current filing fee is $675, which can be paid by money order, personal check, or credit/debit card using Form G-1450. • Include supporting documents such as proof of U.S. citizenship, passport-style photos, and evidence of having met in person within the last two years. • If you or your fiancé(e) were previously married, include proof of legal termination of those marriages.
Remember, meeting the eligibility criteria doesn't guarantee approval. USCIS will conduct background checks on both you and your fiancé(e) as part of the adjudication process.
Once USCIS receives your Form I-129F, they'll send you a receipt notice, typically within 2-4 weeks. This notice contains your 10-digit receipt number, which you can use to check your case status online.
USCIS processing times vary, but currently, it's taking about 5.5 to 15.5 months to process Form I-129F. During this time:
• USCIS reviews your petition and supporting documents. • They may request additional evidence if needed. • Background and security checks are conducted.
If USCIS approves your petition, they'll send you an approval notice and forward your case to the Department of State's National Visa Center (NVC).
The NVC acts as a bridge between USCIS and the U.S. embassy or consulate where your fiancé(e) will apply for the K1 visa. Here's what happens at this stage:
Case Creation: The NVC creates a case in their system, which currently takes about 6 days.
Case Review: They review the case, which takes about 10 days.
Welcome Letter: The NVC sends you a welcome letter with a case number and instructions for the next steps.
Your fiancé(e) will need to complete the online nonimmigrant visa application (Form DS-160) and prepare additional documents for the visa interview.
It's important to note that the approved I-129F petition is valid for four months. If there are delays due to visa service suspensions or other issues, consular officers may revalidate the petition in four-month increments at their discretion.
Remember, the K1 visa is a nonimmigrant visa that allows your fiancé(e) to enter the U.S. for the purpose of marriage. After the wedding, your spouse will need to apply for adjustment of status to become a lawful permanent resident. This process involves filing Form I-485 and can take several months to a few years to complete.
Throughout this journey, it's crucial to stay organized, respond promptly to any requests for information, and keep track of processing times. While the wait can be challenging, understanding each step of the process can help you navigate it more smoothly.
When applying for a K1 visa, it's crucial to have all the necessary documents ready. This process can be overwhelming, but we're here to break it down for you. Let's go through the essential paperwork you'll need to gather.
To show that your relationship is genuine, you'll need to provide evidence of your bond. This includes:
• Photos of you and your fiancé together: Include at least six pictures from different occasions. Label each photo with the date, location, and names of people in it.
• Travel records: If you've visited each other, bring airline tickets, hotel reservations, or any other proof of your trips.
• Communication records: Print out some of your text messages, emails, or phone logs to show how you keep in touch.
• Written statements: Both you and your fiancé should write declarations about your relationship. You might also want to include statements from friends or family who know you as a couple.
Remember, the goal is to prove that your relationship is real and not just for immigration purposes.
The U.S. government wants to make sure your fiancé won't become a public charge. Here's what you need to show:
• Affidavit of Support (Form I-134): This form, filled out by the U.S. citizen, shows that you can support your fiancé financially.
• Tax returns: Include your most recent tax returns to prove your income.
• Employment letter: A letter from your employer stating your job position and salary can be helpful.
• Bank statements: These show your current financial situation.
The income requirement is based on the Federal Poverty Guidelines. For example, as of 2023, a two-person household in most states needs an annual income of at least $19,720.
These documents are crucial for the visa process:
• Medical examination: Your fiancé needs to get a medical exam from an approved doctor in their home country. The results should be in a sealed envelope.
• Police certificates: Your fiancé needs to get police certificates from any country where they've lived for more than six months since turning 16. These show they don't have a criminal record.
• Court and prison records: If your fiancé has ever been arrested or convicted of a crime, they need to provide these records, even if they were later pardoned.
Remember, all documents not in English need to be translated. Also, bring original documents or certified copies to your interview. Don't send these documents to the embassy beforehand – bring them with you on the day of the interview.
Gathering all these documents might seem like a lot of work, but it's a crucial step in the K1 visa process. Having everything prepared will help your application go smoothly and increase your chances of approval. Remember, the goal is to prove that your relationship is genuine and that you meet all the requirements for the visa.
The K1 visa interview is often the most nerve-wracking part of the fiancé visa process. It's the final hurdle before your dream of being together in the U.S. can become a reality. Let's break down what you can expect and how to prepare for this crucial step.
To get ready for your K1 visa interview, start by gathering all the necessary documents. You'll need your passport, birth certificate, police records, medical exam results, and evidence of your relationship with your U.S. citizen fiancé. Don't forget to bring the DS-160 confirmation page and two passport-style photos.
Create a timeline of your relationship and organize your evidence in a folder. This might include photos, travel records, and communication logs. Remember, the goal is to prove your relationship is genuine.
Review your I-129F application before the interview. If any information has changed since filing, be prepared to explain this to the consular officer.
It's also a good idea to research sample K1 visa interview questions online. While you won't know exactly what you'll be asked, practicing can help calm your nerves.
On the day of the interview, arrive early at the U.S. embassy or consulate. The interview itself usually takes place in a private room and rarely lasts more than 30 minutes.
Generally, only the foreign fiancé attends the interview. However, if you have children applying for K2 visas, they must also be present.
The consular officer will review your documents and ask you questions about your relationship, background, and plans for the future. They're not trying to trick you; their main goal is to verify that your relationship is authentic and that you intend to marry within 90 days of arriving in the U.S.
There's no specific dress code, but it's best to wear something neat and presentable. You want the focus to be on your answers, not your appearance.
While every interview is different, here are some common questions you might encounter:
How did you and your fiancé meet?
When did you get engaged?
What does your fiancé do for work?
Where will you live after you get married?
Have you met your fiancé's family?
What are your wedding plans?
Remember, there are no wrong answers as long as you're honest. If you don't know or can't remember something, it's okay to say so.
The officer might also ask about your background:
What's your full name and date of birth?
Have you ever been to the United States?
Do you have family in the U.S.?
Have you ever applied for a K1 visa before?
They may inquire about your fiancé too:
What's your fiancé's full name and birthday?
Where did they grow up?
What are their hobbies?
Do they have children?
After the interview, there are three possible outcomes. The officer might approve your application on the spot, request more evidence, or in rare cases, recommend denial of the visa.
Remember, while the K1 visa interview can feel daunting, it's just a conversation to confirm the details of your relationship. Stay calm, be honest, and trust in the love you share with your fiancé. With proper preparation and genuine answers, you'll be one step closer to starting your life together in the United States.
Congratulations! Your K1 visa has been approved, and you're one step closer to starting your life together in the United States. But the journey isn't over yet. There are still important steps to take after your arrival. Let's walk through what happens next.
Once you enter the U.S. on your K1 visa, the clock starts ticking. You have 90 days to tie the knot with your U.S. citizen fiancé. This is a strict requirement, and there's no wiggle room. Here's what you need to know:
• The 90-day countdown begins on the day you arrive in the U.S. • You must marry the same U.S. citizen who petitioned for your K1 visa. • If you don't get married within 90 days, you'll need to leave the country.
Remember, the K1 visa is specifically for getting married. If you decide not to get married, you won't be able to stay in the U.S. or change to a different visa status without leaving first.
It's a good idea to start planning your wedding as soon as you arrive. Whether you're having a big celebration or a simple ceremony, make sure it happens within that 90-day window.
After you've said "I do," the next step is to apply for your green card. This process is called "adjustment of status." Here's how it works:
File Form I-485: This is the main form for applying for a green card. You should file it as soon as possible after your wedding.
These points form the foundation for a successful application, making sure you fully comply with U.S. immigration law.
Additional Forms: You'll need to submit several other forms along with your I-485. These include: • Form I-864: Affidavit of Support from your U.S. citizen spouse • Form I-693: Medical Examination results • Form I-765: Application for Employment Authorization (if you want to work) • Form I-131: Application for Travel Document (if you need to travel outside the U.S.)
Supporting Documents: You'll need to provide proof of your marriage, your identity, and your entry into the U.S. on a K1 visa.
Biometrics Appointment: USCIS will schedule you for a biometrics appointment to take your fingerprints and photo.
Interview: Most couples need to attend an interview with USCIS. This is to verify that your marriage is genuine.
The adjustment of status process can take several months. During this time, you can apply for work authorization and travel permission if needed.
Several months after the adjustment of status application is filed, you will likely have to attend an adjustment of status interview. This interview takes place at a USCIS office before a USCIS officer. The purpose of the interview is to determine whether the marriage is a bona fide marriage rather than one entered into just for immigration benefits.
If you've been married for less than two years when your green card is approved, you'll receive a conditional green card valid for two years. Following a successful adjustment of status interview, the foreign fiancé should receive their green card within a few weeks. Before this expires, you'll need to file Form I-751 to remove the conditions and get a permanent green card.
Remember, maintaining your legal status is crucial during this process. Your K1 visa status expires after 90 days, regardless of whether you've married. That's why it's important to file your adjustment of status application as soon as possible after your wedding.
Going through the K1 visa and adjustment of status process can be complex, but it's an exciting journey towards building your life together in the U.S.. Stay organized, meet your deadlines, and soon you'll be on your way to permanent residency. And most importantly, enjoy this special time with your new spouse!
After a successful interview, the green card is typically received within a few weeks.
The main goal of the interview is to verify that the marriage is genuine and not just for the sake of obtaining immigration benefits.
The interview takes place at a USCIS office and is conducted by a USCIS officer.
The K1 Visa Application Process
The journey to bring your fiancé(e) to the United States through a K1 visa involves several steps and can take anywhere from 12 to 18 months. Let's break down this process to help you understand what to expect.
Before the visa interview, your fiancé(e) must obtain a police clearance certificate from every country where they've lived for six months or more since the age of 16. This is crucial to ensure that all necessary legal checks are in place.
In addition to the police clearance, a medical examination by an approved physician is required. It's important to note that this medical exam must be conducted by a doctor approved by the Embassy. Ensuring this will help avoid any delays or complications in the visa process.
These steps follow the completion of the DS-160 form, which is the first formal step in the visa application process. By adhering to these requirements, your fiancé(e) will be well-prepared for the K1 visa interview, meeting all necessary criteria set forth by the authorities.
The medical exam is to be conducted by a doctor who is approved by the Embassy.
The DS-160 form must be filed prior to proceeding with the medical exam and police clearance.
After getting married within the 90-day window, the foreign spouse must apply for an adjustment of status to become a lawful permanent resident. This involves submitting Form I-485, known as the “Application to Register Permanent Residence or Adjust Status,” and attending a subsequent interview to discuss the application and verify the marriage.
Physical Presence: You must be physically present in the U.S. when applying for an adjustment of status. This is a non-negotiable requirement.
Lawful Entry: Your entry into the U.S. must have been lawful, meaning you were inspected and admitted at a port of entry.
Admissibility: You cannot be inadmissible for immigration purposes. Issues such as certain criminal records or health problems could pose significant barriers.
By meeting these criteria and following the proper steps, you'll be on your way to securing permanent residency in the U.S.
Once the K1 visa is granted, the foreign fiancé(e) can travel to the U.S. They must enter through a U.S. Port of entry and will be admitted for a period of 90 days. During this time, the couple must marry to comply with the visa conditions.
The K1 visa interview is conducted at a U.S. Embassy or consulate in the fiancé(e)’s country. During the interview, the consular officer will verify the authenticity of the relationship and ensure that all paperwork is in order. It’s crucial to bring all required documents, including evidence of the relationship.
Your foreign fiancé(e) will need to obtain a police clearance from their country of residence and undergo a medical examination by an approved physician. These are required steps to ensure compliance with U.S. Immigration health and character standards.
To be eligible for a K1 visa, you must be a U.S. Citizen intending to marry your foreign fiancé(e) within 90 days of their arrival in the U.S. Both you and your fiancé(e) should be legally free to marry, and you must have met in person at least once within the past two years, unless an exemption applies.
After K1 Visa Approval Congratulations! Your K1 visa has been approved, and you're one step closer to starting your life together in the United States. But the journey isn't over yet. There are still important steps to take after your arrival. Let's walk through what happens next.
Receiving Your K1 Visa Following your successful K1 visa interview, you'll receive your K1 visa stamped in your passport. This is an exciting milestone, but remember, it's just the beginning. The next step is to use this visa to enter the United States.
Entry into the United States Upon arrival in the U.S., Customs and Border Protection (CBP) will ask you questions about your travel purpose. It's crucial to answer these questions accurately to ensure a smooth entry process. Once you've navigated this, you're officially in the U.S. On your K1 visa.
90-Day Marriage Requirement Once you enter the U.S. On your K1 visa, the clock starts ticking. You have 90 days to tie the knot with your U.S. Citizen fiancé. This is a strict requirement, and there's no wiggle room. Here's what you need to know:
Remember, the K1 visa is specifically for getting married. If you decide not to get married, you won't be able to stay in the U.S. Or change to a different visa status without leaving first. It's a good idea to start planning your wedding as soon as you arrive. Whether you're having a big celebration or a simple ceremony, make sure it happens within that 90-day window.
For any additional questions or to discuss the process in more detail, you can reach out to Michael at Michael@AshooriLaw.com for personalized guidance and assistance.
Once in the United States, the foreign fiancé will be questioned by Customs and Border Protection officers about the purpose of their visit. It is crucial to respond accurately to these inquiries to ensure smooth entry into the country.
After a successful K1 visa interview, the foreign fiancé will receive a K1 visa stamped in their passport, signifying official approval to proceed with travel plans to the United States.
Your fiancé(e) will need to complete the online nonimmigrant visa application (Form DS-160) and prepare additional documents for the visa interview. This step follows the approval of the Form I-129f by USCIS, marking a critical point in the K1 visa process. The DS-160 is submitted electronically with the Department of State, and it is essential to complete this form accurately, as it is a vital part of the visa application. This online application captures all necessary information for the nonimmigrant visa and must be filled out prior to scheduling the visa interview at the U.S. Embassy or Consulate. Ensure that you gather all required documentation and have them ready for submission. Taking these steps will help facilitate a smoother process as you advance towards your visa interview.
The DS-160 is submitted electronically through the Department of State's online platform.
The Form DS-160 serves as the Online Nonimmigrant Visa Application, essential for applying for a nonimmigrant visa.
The Form DS-160 should be filed after the Form I-129f has been approved by USCIS.
When applying for a K1 visa, it's crucial to have all the necessary documents ready. This process can be overwhelming, but we're here to break it down for you. Let's go through the essential paperwork you'll need to gather.
Proof of Relationship To further demonstrate the authenticity of your relationship, consider adding:
Remember, the goal is to prove that your relationship is real and not just for immigration purposes. Financial Documents The U.S. Government wants to ensure your fiancé won't become a public charge. You'll need:
The income requirement is based on the Federal Poverty Guidelines. For example, as of 2023, a two-person household in most states needs an annual income of at least $19,720. Medical and Police Records These documents are crucial for the visa process:
Remember, all documents not in English need to be translated. Also, bring original documents or certified copies to your interview. Don't send these documents to the embassy beforehand – bring them with you on the day of the interview. Gathering all these documents might seem like a lot of work, but it's a crucial step in the K1 visa process. Having everything prepared will help your application go smoothly and increase your chances of approval. Remember, the goal is to prove that your relationship is genuine and that you meet all the requirements for the visa.
Documentation proving the dissolution of any previous marriages, such as divorce decrees, is essential.
Signed declarations from both individuals stating their intention to marry each other within 90 days of the fiancé(e)'s arrival in the U.S. Are required.
A copy of the U.S. Citizen petitioner's passport is needed to verify their identity and citizenship status.
The K1 visa process provides a pathway for international couples to unite and begin their life together in the United States. From gathering necessary documents to attending the crucial interview, each step has a significant impact on the journey towards marriage and permanent residency. This guide aims to shed light on the complexities of the process, helping couples navigate the requirements with confidence and clarity.
To wrap up, understanding the K1 visa process is key to successfully bringing your fiancé(e) to the U.S. and starting your new life together. Remember that the journey doesn't end with visa approval - the 90-day marriage requirement and adjustment of status process are equally important steps. By staying informed and prepared, couples can turn their dream of a shared life in the U.S. into reality, paving the way for a future filled with love and new opportunities. ## FAQs
What does the two-year rule entail for a K-1 visa?
The two-year rule is an essential component of the K-1 visa process managed by USCIS. It mandates that couples demonstrate they have met in person at least once within the two years prior to submitting the Form I-129F. This requirement helps verify the authenticity of the relationship between the U.S. citizen and their foreign fiancé(e).
What are some warning signs that might affect the approval of a K-1 visa?
Several red flags could raise doubts about the authenticity of a relationship during the K-1 visa process. These include significant age differences between the partners, inconsistencies found on social media, conflicting statements during the visa interview or on the application forms, and a notably brief period of dating before getting engaged.
How can I demonstrate that my relationship is genuine for the purpose of obtaining a fiancé visa?
To prove the authenticity of your relationship to USCIS, you should provide a range of documents including personal statements, affidavits, records of communication, evidence of time spent together such as travel itineraries, photos, videos, and relevant financial and legal documents.
What constitutes strong evidence for a K-1 visa application?
A compelling way to substantiate your relationship in a K-1 visa application is to include photographs of you and your fiancé(e) together. These pictures should ideally be taken in various locations and at different times to thoroughly depict the relationship's authenticity and progression.
