What is a K‑1 Fiance Visa?
The K-1 visa, also known as the Fiancé(e) visa, is a nonimmigrant visa issued to the fiancé(e) of a United States citizen. The purpose of the K-1 visa is to allow the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. Once married, the foreign fiancé(e) can then apply for adjustment of status to become a lawful permanent resident (green card holder) of the United States.
Who is eligible for a K‑1 Fiance Visa?
Petitioner Requirements
- Must be a U.S. citizen
- Must be legally free to marry the beneficiary
- Must intend to marry the beneficiary within 90 days of the beneficiary's entry into the United States
- Must have met the beneficiary in person at least once in the last two years
Beneficiary Requirements
- Must NOT be a U.S. citizen, national, or green card holder
- Must be legally free to marry the petitioner
- Must intend to marry the petitioner within 90 days of entry into the United States
- Must have met the petitioner in person at least once in the last two years
Pros and Cons of Applying for the K‑1 Visa
Pros
- Couples may not be able to get married for cultural, religious, or personal reasons. The K-1 visa allows them to be reunited in the United States for the purpose of marriage.
- Once married within 90 days of entry into the U.S., the beneficiary can apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder).
- Upon receiving a K-1 visa and entering the U.S., the beneficiary is eligible to apply for a work permit (Employment Authorization Document or EAD) while waiting for adjustment of status.
- As a lawful permanent resident, the beneficiary becomes eligible for various social benefits, such as healthcare (Medicaid), education, and Social Security benefits.
- The 90-day period following entry into the U.S. provides couples with enough time to plan and conduct their wedding ceremony without the pressure of immediate immigration deadlines.
Cons
- The K-1 visa application process can be lengthy and may involve significant waiting times, especially for visa interviews at U.S. embassies or consulates abroad.
- Applying for a K-1 visa involves various fees, including government filing fees, medical examination fees, and potentially attorney fees. Additionally, after marriage, there are further costs associated with adjusting status and obtaining permanent residency.
- The K-1 visa application process has stringent eligibility criteria, including proof of a genuine relationship, financial support, and meeting in person within the two years preceding the application.
- Unlike marriage-based immigrant visas (CR-1/IR-1 visas), which grant immediate permanent residency upon entry into the U.S., the K-1 visa requires additional steps and time to obtain permanent residency.
- If the couple does not marry within the 90-day period or if the marriage is deemed fraudulent, the beneficiary may be required to leave the United States, facing potential immigration consequences.
Visa Categories Similar to the K‑1 Visa
When considering applying for the K-1 visa, it may be worth looking at other closely-related visa categories to better understand your options. Here are the four most common ones, what they are for, and the benefit of each visa type.
The Steps of The K‑1 Visa Process
Initial Petition
The process starts with the U.S. citizen petitioner filing Form I-129F, Petition for Alien Fiancé(e), with USCIS. Along with the form, the petitioner must submit supporting documents, including evidence of their relationship, proof of U.S. citizenship, and proof of meeting in person within the two years preceding the petition.
USCIS Processing
USCIS reviews the petition to ensure it meets eligibility requirements and adjudicates it. If additional evidence or information is required, USCIS may issue a Request for Evidence (RFE).
Approval Notice (NOA1)
If USCIS approves the petition, they will issue an approval notice (Form I-797). The approved petition is then forwarded to the National Visa Center (NVC) for further processing.
NVC Processing (NOA2)
The NVC forwards the approved petition to the U.S. embassy or consulate in the beneficiary's home country. The beneficiary will receive instructions on how to proceed with the visa application, including scheduling a medical examination and visa interview.
Visa Application and Interview
The beneficiary applies for the K-1 visa at the U.S. embassy or consulate, submitting the required forms, supporting documents, and undergoing a medical examination. They will also attend a visa interview, during which a consular officer will assess their eligibility for the visa.
Visa Issuance
If approved, the beneficiary's passport will be stamped with the K-1 visa, allowing them to travel to the United States.
Entry into the United States
Upon arrival in the U.S., the beneficiary must marry the petitioner within 90 days of entry. The marriage must be in good faith, and the couple must intend to establish a life together.
Adjustment of Status
After marriage, the beneficiary can apply for adjustment of status (Form I-485) to obtain lawful permanent resident status (green card). This involves submitting additional forms, supporting documents, and attending a biometrics appointment and an interview with USCIS.
Conditional Permanent Residency
If the adjustment of status is approved, the beneficiary receives conditional permanent residency, valid for two years. Within the 90-day period before the conditional residency expires, the couple must jointly file Form I-751 to remove the conditions on residency.
Permanent Residency
Once the conditions are removed, the beneficiary becomes a lawful permanent resident of the United States, with a permanent green card valid for 10 years. They can eventually apply for U.S. citizenship if they meet the eligibility requirements.
Financial Requirements
Affidavit of Support (Form I-134)
The key financial requirement for the K-1 visa is the submission of an Affidavit of Support (Form I-134) by the petitioner. The petitioner must complete and submit Form I-134, to demonstrate that they have sufficient income and resources to support the beneficiary. This form is a legally binding contract between the petitioner and the U.S. government, in which the petitioner agrees to financially support the beneficiary so that they will not become a public charge.
Income Requirements
The petitioner must meet the income requirements specified by USCIS, which are based on the Federal Poverty Guidelines (FPG). The income threshold varies depending on factors such as household size and location. If the petitioner's income is below the required threshold of 100% of the FPG income level, they may need to provide additional evidence of assets or obtain a joint sponsor who meets the income requirements.
Evidence of Income and Assets
Along with Form I-134, the petitioner must provide supporting documentation to verify their income and assets. This may include recent tax returns, W-2 forms, pay stubs, bank statements, and asset statements. If using assets to meet the financial requirements, the petitioner must provide evidence of ownership and the asset's value.
Joint Sponsor
If the petitioner does not meet the income requirements on their own, they can enlist a joint sponsor who is willing to assume financial responsibility for the beneficiary. The joint sponsor must be a U.S. citizen or lawful permanent resident and meet the income requirements outlined by USCIS. For the K-1 visa, this is 100% of the FPG threshold.
Documenting a Bonafide Relationship
Documenting a bonafide relationship is one of the most important aspects of the K-1 visa application process. USCIS requires evidence that the relationship between the petitioner (the U.S. citizen) and the beneficiary (the foreign fiancé(e)) is genuine and not solely for immigration purposes. Here are some ways to document a bona fide relationship.
Intent to Marry Letter 1
A letter signed by both the petitioner and beneficiary affirming that they will get married within 90 days of entering the United States.
Photographs
Provide photographs of the couple together at various occasions, such as vacations, family gatherings, holidays, and special events. Include captions or dates to demonstrate the timeline of the relationship.
Communication Records
Submit copies of emails, letters, chat logs, WhatsApp/iMessage interactions, and social media messages exchanged between the couple. These records should span the duration of the relationship and demonstrate ongoing communication and interaction.
Travel Records
Include copies of travel itineraries, boarding passes, hotel reservations, and passport stamps showing visits between the petitioner and beneficiary. This helps establish that the couple has spent time together in person.
Joint Activities and Experiences
Provide evidence of joint activities, such as receipts from shared outings, tickets to events attended together, and memberships to clubs or organizations both parties participate in.
Affidavits from Friends and Family
Obtain sworn affidavits from friends, family members, or other individuals who can attest to the legitimacy of the relationship. Affidavits should include details about how the friend or family member knows the couple and their observations of the relationship.
Financial Documentation
Submit evidence of financial interdependence or joint responsibilities, such as joint bank accounts, shared leases or utility bills, joint ownership of property, or beneficiary designation in insurance policies or wills.
Gifts and Correspondence
Provide receipts or records of gifts exchanged between the couple, as well as cards, letters, or packages sent to each other's addresses.
Engagement and Wedding Plans
Include evidence of wedding preparations, such as engagement announcements, wedding venue bookings, invitations, or contracts with vendors.
Social Media Profiles
Print out screenshots of social media profiles showing the couple's relationship status, photos together, and interactions with each other's posts.
Any other Relevant Documentation
Include any additional documentation that helps illustrate the genuine nature of the relationship, such as records of shared experiences, joint memberships, or testimonials from mutual acquaintances.
Preparing for the Visa Interview
After the NVC processes the petition, it forwards the case to the overseas consulate or embassy where the beneficiary is located. The consulate will send the beneficiary Packet 3, a letter with a checklist of items that need to be completed before an interview can be scheduled. Usually, this includes the following.
Current passport, valid for at least 6 months beyond the date you plan to enter the United States, and any expired passports.
Photographs: Two color copies of your photograph in front of a white background
that are 2 x 2 inches (51 x 51 mm) in size
DS-160 form confirmation page: DS-160 must be completed at https://ceac.state.gov/ceac
Medical Report
Police Clearance Certificate
Birth certificate
Marriage certificate(s): Bring the original marriage certificate(s) if you have been married in the past. If they are not in English, obtain a notarized English translation.
Divorce or Death Certificate (s): If any of your past marriages ended in divorce or the death of the other spouse, bring the original death or divorce certificate, with notarized English translations, if applicable.
Completed I-134, Affidavit of Support, submitted by the US citizen fiance
IRS transcript from the most recent year
Following Packet 3, the consulate will send out Packet 4, a letter authorizing the beneficiary with specific instructions on how to schedule a visa appointment.