Fiancé Visa
/ Family based
A Fiancé Visa, also known as a K-1 visa, is a nonimmigrant visa that allows a U.S. citizen to bring their foreign national fiancé(e) to the United States for the purpose of getting married. After the marriage, the foreign fiancé(e) can apply for lawful permanent residency (a green card) and remain in the United States as a permanent resident.
What are the eligibility criteria?
- The U.S. citizen petitioner must be a legal U.S. citizen (not a permanent resident) to apply for a K-1 visa for their fiancé(e);
- Both the U.S. citizen petitioner and the foreign fiancé(e) must be legally free to marry. This means they should be unmarried, or any previous marriages must have been legally terminated through divorce, annulment, or death;
- The U.S. citizen petitioner and the foreign fiancé(e) must have a genuine intention to get married within 90 days of the fiancé(e) entering the United States.
Do I need to marry the petitioner upon arrival?
Upon arrival in the United States, the foreign fiancé(e) must marry the U.S. citizen petitioner within 90 days. Failure to do so may result in the fiancé(e) having to leave the country.
What is the process?
01
Step
The first step in the K-1 visa process is for the U.S. citizen petitioner to file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). The petition should include evidence of the bona fide relationship and intent to marry.
02
Step
After USCIS approves the petition, it is sent to the U.S. Department of State's National Visa Center (NVC).
03
Step
Once the approved petition is with the NVC, the foreign fiancé(e) will need to apply for a K-1 visa at the U.S. embassy or consulate in their home country. This process involves completing various forms, attending a medical examination, and participating in an interview with a consular officer.
Can I apply for a Green Card?
After the marriage takes place, the foreign fiancé(e) can apply for lawful permanent residency (a green card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This is typically done with the assistance of the U.S. citizen spouse.
Will I receive a conditional or a permanent Green Card?
If the marriage is less than two years old when the green card is granted, the foreign spouse will receive a conditional green card that is valid for two years. Within the 90-day period before the expiration of the conditional green card, the couple must jointly apply to have the conditions removed.
Can I become a Citizen?
After a period of being a permanent resident and meeting other requirements, the foreign spouse may be eligible to apply for U.S. citizenship.
How can Kananchuk Law Office help with a Fiancé Visa?
Please call our office to see how we can help you.
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Attorney Krystsina Kananchuk is committed to obtaining protection for you and your family.
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