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Fiance Visa ( Fiancee of U.S. Citizens)

The K1 fiance visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S.

The K1 fiance visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S.

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I. Benefits of the K1 Fiance Visa

A. The K1 fiance visa generally has a shorter waiting period compared to marriage-based immigration visa petitions

B. You can apply for a work permit by filing Form I-765 and engage in employment

C. Your children can accompany you to the U.S. on the K-2 dependent visa as long as they are named in the fiance visa petition

II. Requirements for the K1 Visa

You are eligible for the K1 fiance visa if:

A. You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.

B. You will marry the petitioning U.S. citizen within 90 days of entering the U.S.

C. You intend to enter the U.S. solely to marry the U.S. citizen

D. You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. However, this requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you

III. Applying for the K1 Visa

A. Filing the K1 Petition

Your U.S. citizen fiance must file the K1 fiance visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) along with the following forms and documents:

1. USCIS Form I-129F, Petition for Alien Fiance (If you have unmarried children who are under 21, they are eligible to accompany you, but only if they are listed on this form)

2. Evidence of U.S. citizenship - Evidence can include original U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship

3. Two Form G-325A Biographic Data Sheets (one for you and one for your fiance)

4. One color photo of you and one of your fiance taken within 30 days of filing

5. Copies of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married

6. Proof of permission to marry if you or your fiance are subject to any age restrictions

B. Applying for the K1 Visa at an American Consulate

Once the USCIS approves of the petition, it forwards it to the American Consulate where you will be applying for the K1 visa. The petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

The consular officer will notify you when the approved petition is received and provide you the necessary forms and instructions to apply for a K1 visa. You may have to submit the following documents as a part of your K1 fiance visa application at the American Consulate:

1. Valid passport

2. Copy of your birth certificate

3. Copies of any divorce decrees, death certificates, or annulment decrees if either of you have been previously married

4. Police certificate from all places where you have lived since age 16

5. Medical examination

6. Evidence that your fiance will support you

7. Evidence of valid relationship with your fiance

8. Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background

IV. Duration of Stay

You must marry the U.S. citizen within 90 days of entering the U.S. Once the marriage has taken place in the U.S., you must apply to adjust your status to permanent resident.

Note: You would initially receive a two-year conditional residence and would have to file additional paperwork later for removal of conditions on your residence.

V. Children

Your unmarried, minor children derive K-2 nonimmigrant visa status from you as long as the children are named in the K1 US fiance visa petition. A separate petition is not required if the children accompany or follow you within one year from the date of issuance of the K1 visa. Thereafter, a separate immigrant visa petition is required. They may also be eligible to take up employment during their stay in the U.S.

VI. Services offered by VisaPro

Our experienced immigration attorneys will prepare and file all the required documents for your K1 visa application. Our services include:

Complete review of all your personal circumstances

Confirmation that the K1 visa is appropriate for you

Identification of important legal issues that may affect your K1 visa application

Checklist of documents that you need for your K1 visa

Accurate preparation of your K1 visa application

Submission of your visa application to the proper government agencies

Careful co-ordination of all correspondence with government agencies

Expert advise on how to handle yourself at your Consular or USCIS interview, and what to expect

Online access to your case status

Unlimited personal communication with your own VisaPro immigration attorney

Fast, easy and secure processing through your personal online VisaPro account

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