K-1 Visa

What You Should Know About K-1 Visas

If you are engaged to a United States citizen, you can come to the U.S. under a K-1 visa to get married and become a lawful permanent citizen. Your U.S. citizen fiancé(e) must sponsor you under this type of visa – so timing is often critical.

To apply for the K-1 visa, you must engage in a five-step process that involves the U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and the U.S. Customs and Border Protection (CBP).

Keep reading to learn more about the K-1 visa five-step process.

Step 1: Ask the USCIS to Recognize Your U.S. Citizen Fiancé(e)

Before we look at how you ask the USCIS to recognize your U.S. Citizen fiancé(e), let’s first look at how the U.S. government defines a financé(e) when it comes to a K-1 visa.

What is a fiancé(e)?

Under U.S. federal immigration law, a foreign-citizen fiancé(e) of a U.S. citizen fiancé(e) is “the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e).”

Additionally, both the U.S. citizen and the foreign citizen must be legally able to marry when they file their Form I-129F petition and remain so from then on. In other words, there should be no legal reason that you both cannot marry in the United States. Your U.S. marriage must comply with all laws in the U.S. state where you marry.

Next, you must show that you intend to marry within 90 days of your admission to the United States under a K-1 visa.

Further, you and your fiancé(e) must have met within the last two years. However, the USCIS may grant you an exception to this two-year requirement if you and/or your fiancé(e):

• Are facing severe hardship; or
• Your culture prohibits you from meeting your fiancé(e) before marriage.

How does the USCIS recognize my U.S. citizen financé(e)?

If you and your fiancé(e) meet the above requirements, then your next step is to have the USCIS recognize your U.S. citizen fiancé(e) by filing the Form I-129F petition. Your U.S. citizen fiancé(e) must file this petition as your sponsor at the local USCIS office. Unlike other immigration documents, this petition cannot be filed in a U.S. Embassy, Consulate, or USCIS office outside of the United States.

As part of your petition processing, the USCIS will perform criminal and national security background checks on both you and your fiancé(e), including fingerprint testing. If the USCIS approves your Form I-129F petition, then the USCIS recognizes your intended marriage and notifies your U.S. citizen fiancé(e) of its decision.

Once the USCIS approves your petition, it is sent to the Department of State’s National Visa Center (NVC) in Portsmouth, New Hampshire for immigrant visa pre-processing. Keep in mind that lengthy waiting times for your petition to be processed are common.  Having a skilled immigration attorney on your side can help you streamline this process.

Once processed, the NVC will assign you a case number and send the Form I-129F to the U.S. Embassy or Consulate where you live.

It’s critical to note that a USCIS approval does not guarantee that the U.S. Department of State will issue you a K-1 visa. This is only Step 1 of the process.

Step 2: Understand When Your Fiancé Applies for the K-1 Visa

When the NVC fully processes your Form I-129F petition, it will mail you a letter after sending it to the U.S. Embassy or Consulate where you live.

What documentation should accompany your Form I-129F?

Once this letter is received by your U.S. citizen fiancé(e), then your fiancé(e) take the following K-1 visa application steps:

• Complete Form DS-160, Online Nonimmigrant Visa Application. Be sure to print the DS-160 confirmation page to bring to your immigration interview;
• Assemble the following documentation to bring to your immigration interview. Note, this documentation is on behalf of the foreign fiancé(e), not the U.S. citizen fiancé(e);
  • Birth certificate.
  • Divorce or death certificate of any previous spouse.
  • Passport valid for travel to the United States.
  • Medical examination (showing any required vaccinations).
  • Police certificates from any country or county of residence where you lived for the six months before filing your petition.
  • Evidence of financial support (Form I-134, Declaration of Financial Support, may be required).
  • Two photographs meeting the required format.
  • Evidence of your relationship to your fiancé(e).
  • Payment of all required immigration fees.

The U.S. Embassy or Consulate may request additional documentation depending on your situation. If documents are in a foreign language, they must be translated into English. Any original documents supplied will be returned to you after processing.

Any minor children of the K-1 visa applicant may apply for a K-2 visa. However, separate applications and immigration fees are required.

How much are the K-1 visa fees?

The K-1 visa filing fee is $535.  Your fee can be paid with a personal check, money order, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions.

The fee for your DS-160 is $185. Additionally, you may owe a fee for each medical examination, which can differ depending on where you lived in the last six months.

Finally, you may have associated costs for translation, photocopying, and translation expenses in addition to expenses required to secure documents such as your birth certificate or passport.

How long does it take to get a K-1 visa?

Once the NVC has received your petition, the length of time to process your K-1 visa varies based on your specific situation. For example, some cases are delayed because the petitioner did not submit the correct documentation (or the documentation is incomplete). Some petitions require additional administrative processing, which may take more time after you complete your interview.

Like other immigration petitions, you can check the status of your K-1 visa online by entering your 13-character unique identification number, which is located on your immigration notices.

Having a skilled immigration attorney by your side can help minimize your wait times, lessening your frustration.

What happens if the Department of State finds me eligible for a K-1 visa?

If the Department of State finds that you are eligible for the K-1 visa, as a bona fide fiancé(e), and you are not eligible for another type of U.S. visa, then the DOS will issue a six-month, single entry visa into the United States. This means that you have no more than six months to travel to the United States to seek admission.

You may be ineligible for a K-1 visa under certain circumstances, such as participation in drug trafficking, submitting fraudulent documentation, or overstaying a previous visa. In certain circumstances, you may seek a waiver of this ineligibility.

Step 3: Seek Admission to the U.S. Port of Entry

Within six months of issuing your single entry visa into the U.S., you must seek admission at a U.S. port of entry. Remember, having an issued K-1 visa does not grant you admission to the United States.

To determine your admissibility into the U.S., the Customs and Border Protection (CBP) will inspect your petition, making additional inquiries or requests for documentation. Additionally, the CBP will collect any required biometrics and conduct an interview.

Upon arrival at the port of entry, be prepared to show the CBP officer your passport, K-1 visa, and an unopened packet containing your immigration documents. Before traveling, you can review all admissions and entry requirements here or consult with a qualified immigration attorney.

If CBP admits you to the United States, your admission period shall be for 90 days only. Further, your admission is conditioned upon marrying your U.S. citizen fiancé(e) within those 90 days.

This 90-day period typically cannot be extended and cannot change to a different U.S. immigration classification, absent very select circumstances. However, if your petition expires before your visa is processed, then the consular office can extend your petition’s validity.

If you are unable to marry within those 90 days, you should consult with an experienced immigration attorney as soon as possible so you can identify any additional options, if applicable.

Step 4: File a Form I-485

Once you’re married, you should file a Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS as soon as possible. When processing your Form I-485, the USCIS conducts background checks on both spouses and may interview both spouses as well.

When you file your Form I-485, you can streamline the process by also submitting any required evidence. Do not submit any original documents unless specifically asked to do so.

Here are some examples of the evidence you may need to submit:

• Two passport-style photographs;
• A copy of your government-issued identity document with photograph;
• A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence;
• Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
• Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);
• Form I-864, Affidavit of Support (if required);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable);
• Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable);
• Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable).