Yes, you’ve seen it on the popular TLC show “90-Day Fiancee”, but it’s the most common way for immigrants to achieve residence in the United States.
The K-1 Fiancee Visa is suitable for Fiance or Fiancee of US citizens to enter the U.S. and marry the U.S. citizen within 90 days. Also for U.S. citizens to bring their fiancé or fiancée to the U.S. Thousands of American citizens marry foreign-born persons each year and petition for them to obtain a permanent residency in the United States. Spouses of U.S. citizens are considered “immediate relatives” under immigration laws, and are, therefore, excluded from all numerical quota limitations.
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
What is a Fiancee?
Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen 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). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.
Is the K-1 Visa Right for Me?
In some cases it might make sense to skip the fiancé visa process altogether and go straight to getting married and applying for a spousal visa. This decision depends on where you are living, how long you wish to wait to be together, and various other circumstances.
The K-1 visa allows a U.S. citizen to sponsor their fiancé to come to the United States. Both partners must have the intention to get married within 90 days after the sponsored fiancé arrives in the United States from abroad.
Specific requirements include:
- The sponsoring partner must be a U.S. citizen. U.S. green card holders (permanent residents) are not eligible to sponsor a fiancé for a K1 visa.
- Both partners must be eligible to marry—in other words, both must be currently unmarried. Any prior divorce decrees, annulments, or death certificates must be provided to show that any previous marriages have been terminated.
- K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.
- The legitimacy of the relationship must be proved with evidence such as photographs, flight itineraries and/or hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, letters or emails between the partners, etc.
- The couple must be able to prove that they have met in person at least one time within the two years prior to filing the visa form (except for cases of extreme hardship, or where in-person meetings would violate cultural, religious, or social norms). Evidence may include flight itineraries, hotel itineraries, dated photos, etc.
- Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fiancé’s arrival in the United States. If concrete wedding plans have been made, it’s also a good idea to submit evidence such as wedding invitations, receipts of deposits on a venue, etc.
Related information: