K-1 Fiancee Visa: Fiance or fiancee of  U.S. Citizens

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

Benefits of the K1 Fiance Visa:
      
A.The K1 fiance visa generally has a shorter processing time compared to marriage-based immigration visa petitions

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

Note: The USCIS is currently taking 90-120 days to process EAD applications and the authorized stay for a K1 fiancee is only 90 days, therefore you may not receive the EAD in a timely manner, The EAD can only be valid for the period of authorized stay.

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
 
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. This requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for the U.S. citizen

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 of petitioner - Evidence can include original U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship or FS-240, Record of Birth Abroad of U.S. Citizen

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

4.      One passport style 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 the file to the National Visa Center(NVC), who completes the intial processing for the K1 Visa. Once that is completed the NVC forwards the file 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 NVC 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 (must include Full name, date and place of bith, and parents full names)

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 (you will receive instructions from the NVC or the consulate on completing the medical exam)

6.      Evidence that your fiance will support you

7.      Evidence of valid relationship with your fiance

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