If your fiancé(e) lives outside the U.S., a K-1 fiancé visa may allow your fiancé(e) to travel to the U.S. so you can marry. It is designed to allow your fiancé(e) to enter the country for the purpose of marriage. After entering the U.S., you must marry within 90 days. Following the marriage, your spouse may generally apply for lawful permanent resident status through adjustment of status.
Do I Qualify?
U.S. Citizen
You must be a U.S. citizen. Lawful permanent residents cannot petition for a K-1 fiancé(e) visa.
Fiancé(e) Lives Outside the U.S.
Your fiancé(e) must generally reside outside the U.S.
Legally Free To Marry
Both parties must be legally eligible to marry and provide documentation showing all prior marriages were legally terminated.
Bona Fide Relationship
You must be able to demonstrate that your relationship is genuine.
Intent To Marry Within 90 Days
Both parties must intend to marry within 90 days of the fiancé(e)'s admission into the U.S.
In-Person Meeting Requirement
You generally must show that you and your fiancé(e) met in person within the two years preceding the filing of Form I-129F.
Documents to Gather
Proof of U.S. Citizenship
Valid U.S. passport, U.S. birth certificate, naturalization certificate, certificate of citizenship, or Consular Report of Birth Abroad (CRBA).
Identity And Civil Documents
Birth certificates, passports, government-issued identification documents, and passport-style photographs for both parties.
Prior Marriage Documents
Divorce decrees, annulment orders, or death certificates terminating any prior marriages.
Proof Of Bona Fide Relationship
Photographs together, travel records, communication records, correspondence, affidavits from family or friends, and other evidence demonstrating a genuine relationship.
Evidence Of Meeting In Person
Passport stamps, travel itineraries, hotel receipts, flight records, photographs, and other documentation showing the parties met in person within the two-year period preceding the filing of Form I-129F.
Intent To Marry Evidence
Signed statements from both parties confirming the intention to marry within 90 days of the fiancé(e)'s admission into the U.S.
Additional Documents May Be Required
Legal name change documents, prior immigration records, police and court records, and certified English translations.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The K-1 visa process involves several stages and documentation requirements. The process generally begins with an initial consultation.
File Form I-129F With USCIS
The U.S. citizen petitioner files Form I-129F with USCIS. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
USCIS Approval and Transfer to National Visa Center
If approved, USCIS transfers the petition to the National Visa Center (NVC) for further processing.
K-1 Visa Application
The foreign fiancé(e) completes the required visa application and submits supporting documentation.
Medical Examination
Before the visa interview, the foreign fiancé(e) must complete a medical examination. This must be done by a panel physician approved by the U.S. Department of State in their home country.
Interview Preparation
Before the visa interview, we review the required documents and discuss what to expect during the interview process.
K-1 Visa Interview
The foreign fiancé(e) attends an interview at the U.S. embassy or consulate. If approved, a K-1 visa is issued.
Entry To The United States
After the K-1 visa is issued, the foreign fiancé(e) may travel to the U.S.
Marriage Within 90 Days
The parties must legally marry within 90 days of the foreign fiancé(e)'s admission into the U.S.
Adjustment Of Status
After the marriage takes place, the foreign spouse generally applies for lawful permanent resident status through adjustment of status.
Complex Case Factors
Prior Immigration Violations
Prior removals, unlawful presence, visa overstays, or other immigration violations may affect eligibility.
Criminal History
Certain criminal convictions or arrests may affect eligibility or result in additional review.
Relationship Evidence Concerns
Insufficient evidence of a bona fide relationship may result in additional scrutiny or requests for evidence.
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The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
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