For some, the path to United States citizenship is marriage to a U.S. citizen. The K-1 visa is a nonimmigrant visa for those coming to the United States to get married. Let’s explore more about the K-1 visa, what it entails, the steps to getting one, and how to achieve permanent United States residency with a green card.
Understanding the K-1 Visa
The K-1 visa, also known as the fiancé(e) visa, is a nonimmigrant visa that allows a foreign-citizen fiancé(e) of a United States citizen to enter the U.S. to marry their U.S. citizen sponsor within ninety days of arrival.
Generally speaking, a fiancé(e) is a person engaged to marry another person. A fiancé is a man engaged to marry, and a fiancée is a woman engaged to marry. Under United States immigration law, a foreign-citizen fiancé(e) is the recipient of an approved Form I-129, Petition for Alien Fiancé(e), who has been issued a nonimmigrant K-1 visa for travel to the United States to marry his or her sponsor.
Requirements for a K-1 Visa
A K-1 visa requires that both the U.S. citizen and the foreign citizen are legally free to marry. Additionally, they must have met in person within the past two years, although there are exceptions to this requirement. For example, if the meeting is an extreme hardship for the U.S. citizen or violates historical customs or culture.
Steps for Obtaining a K-1 Visa
There are four significant steps to obtaining a K-1 visa. Each step requires careful documentation and timeliness.
Step 1: Filing the Petition
The K-1 visa application process begins with the U.S. citizen filing Form I-129F with the USCIS. This form aims to prove that the relationship with your fiancé(e) is legitimate and genuine. There are seven parts to Form I-129F.
- Part 1: Information About You: This section requires biographical information such as name, address, employment history, citizenship information, and information about your parents.
- Part 2: Information About Your Fiancé(e): The second section requires similar biographical information of the fiancé(e) seeking the K-1 visa. This section also requires proof that you have met in person at least once in the last two years. If you have not, a detailed explanation as to why you should receive an exception needs to be provided.
- Part 3: Criminal History: The third section requires the U.S. citizen petitioner to disclose any criminal history and protective/restraining orders. Certified copies of any court and police records must be submitted if you have a criminal record. You may also request waivers regarding criminal activity in this section.
- Part 4: Biographic Information: The fourth section asks for information about your physical appearance, including race, ethnicity, height, weight, etc. UCSIS will use this information to schedule your biometrics appointment.
- Parts 5-7: Signatures: The fifth through seventh sections require your signature, an interpreter’s signature, and a preparer’s signature.
After USCIS approves Form I-129F, it is sent to the National Visa Center (NVC). The NVC assigns a case number and sends your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
Step 2: Complete Form DS-160
Next, the non-citizen fiancé(e) must complete Form DS-160. The U.S. Department of State uses this online application to collect information about visa applicants. Make sure to print copies to bring to the visa interview.
Step 3: Visa Interview
The foreign fiancé(e) meets with a consular officer at the U.S. embassy or consulate in their home country. The visa applicant must be prepared to answer questions and provide the required documents. If the officer is satisfied with the responses and documentation, a K-1 visa will be issued.
Step 4: Travel to the U.S.
If your fiancé(e) receives a K-1 nonimmigrant visa, they should book their flight to the United States immediately. The K-1 visa is valid for six months, so they must travel within that time. Once the fiancé(e) enters the United States, the couple must get married within 90 days. Failing to do so will result in the non-citizen being required to leave the country.
After the Marriage Ceremony
The foreign spouse can now apply for permanent residency, otherwise known as a green card, by filing for an adjustment of status with Form I-485. Please note that unmarried children under twenty-one of a K-1 visa holder may be eligible for a K-2 visa.
How Can Scott D. Pollock & Associates, P.C. Help?
The K-1 visa process allows international couples to unite in the United States. While the K-1 fiancé(e) visa journey involves multiple steps and careful documentation, it can lead to marriage and permanent residency. Applicants should be prepared for a thorough process, including interviews and strict timelines. With knowledgeable legal counsel, the K-1 visa process can be the first step towards building a life together in the United States.
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