1 – What is K1 Visa

The K1 visa (also called the fiancé visa) is a special visa which allows the fiancé of a U.S. citizen to enter the United States, marry their U.S. citizen fiancé, and adjust status in the United States to get their green card.

2 – How works?

To get a K1 visa, your U.S. citizen fiancé must file a Form I-129f on your behalf in addition to other steps discussed below. Your U.S. citizen fiancé is the petitioner (person filing the petition) and you (the person getting the K1 visa) are the beneficiary (person benefiting from the petition).

Getting a K1 visa based on your engagement to a US citizen can be a complicated process. You must meet specific eligibility requirements and you must follow precise steps. If you fail to file paperwork correctly or you fail to complete the necessary steps then your case may face huge delays, or even worse, be denied.

3 – K1 Benefits

• Eligibility to Adjust Status in the United States

One of the main benefits of a K1 visa is that it allows you to enter the U.S. for the purpose of marrying your U.S. citizen fiancé. In fact, one of the requirements of the K1 visa is that both the parties must have the intent to marry each other within 90 days of the K1 visa beneficiary’s entry to the U.S. If you get married to each other within 90 days of your entry to the U.S., you can apply for an adjustment of status to get your green card. An adjustment of status is the process of becoming a lawful permanent resident (U.S. green card holder) while inside of the U.S. The entire adjustment of status is done within the United States, without the need for the K1 visa beneficiary to leave the country for a visa interview.

• Ability to Apply for Work Authorization

Another benefit of a K1 visa is that it allows you to apply for work authorization immediately upon entering the United States on your K1 visa. You may apply for work authorization once you have been admitted into the U.S. on a K1 visa by filing a Form I-765 (Application for Employment Authorization). If you apply for work authorization before getting married to your U.S. citizen fiancé, then the work authorization will expire 90 days after your admission to the U.S.

In addition to applying for work authorization upon entering the U.S. you also may be eligible to apply for work authorization when you apply for your adjustment of status (after marriage to your U.S. citizen spouse).

• Immigration Benefits for Your Children

Another benefit of the K1 visa is that it may provide immigration benefits for your children. If you child is unmarried and under the age of 21 years old, they may qualify for a K2 visa to accompany you to the United States. Once you marry your U.S. citizen fiancé, your unmarried children that are in the U.S. on their K2 visa may apply for an adjustment of status to get their green card as well.

• Avoid Filing the Form I-130

Usually, to get a marriage based green card, your spouse is required to file a Form I-130 “Petition for Alien Relative” on your behalf. With a K1 fiancé visa, you can avoid the I-130 process and apply directly for the adjustment of status (Form I-485) upon entry to the U.S. and marriage to your U.S. citizen fiancé.

4 – K1 Requirements

• Petitioner Must be a U.S. Citizen  

In order to qualify for a K1 visa, the petitioner (your fiancé) must be a U.S. citizen. U.S. lawful permanent residents (green card holders) are not eligible act as the petitioner for a K1 visa application.

• Both Parties Must be Free to Marry

To qualify for a K1 visa, both parties must be legally free to marry. This means that all prior marriages (if applicable) must be terminated.

• Intent to Get Married within 90 Days

To qualify for a K1 visa, both parties must intend to get married to each other within 90 days of the K1 visa beneficiary’s admission to the U.S. As part of the initial petition for a K1 visa, The U.S. citizen petitioner must submit clear evidence demonstrating both parties’ intent to get married.

• Physical Meeting Requirement

To qualify for a K1 visa, you must prove that you and your fiancé met in person within the two-years prior to filing the initial petition for a K1 visa. This requirement was put in place to deter situations involving “mail-order brides.”

5 – K1 Visa Process

1. Satisfy K1 Visa Requirements
   The first step in the K1 visa process is to make sure you satisfy the K1 visa requirements. Two requirements that you should pay particular attention to are the listed below:
   – End to prior marriages: You and your fiancé must be legally eligible for marriage, or in other words if you or your fiancé(e) had been married before, your previous marriage must be officially terminated.
   – Physical Meeting: Within two years of filing the Form I-129f, you and your fiancé must have met in person at least once. If you cannot satisfy this requirement, make sure that you fall in to one of the exceptions described above.
2. S. Citizen Petitioner Files Form 1-129f
   The next step in the K1 visa process is for the U.S. citizen petitioner to file the Form I-129F with USCIS. The I-129F, or the “Petition for Alien Fiancé(e)”, is the first form that is filed with the United States Citizen and Immigration Services (USCIS).
   The Form I-129f is filed along with several evidentiary documents including proof that you intend to marry your fiancé within 90 days of your arrival into the U.S. and proof that you have met your fiancé within the last two years of filing.
   Essentially, the Form I-12fF proves that you satisfy the K1 visa requirements.
3. File Form DS-160
   After the U.S. citizen petitioner files the Form I-129f, USCIS will review the form for approval. Once USCIS approves the Form I-129F, the next step is for the K1 visa beneficiary to file a Form DS-160 with the Department of State. The DS-160 is the Application for Non-Immigrant Visa.
4. K1 Visa Interview
   The next step is for the K1 visa beneficiary to attend a K1 visa interview at a U.S. consulate or embassy in their home country.
   At the interview, you must bring all required forms and documents and answer various questions concerning yourself, your U.S. citizen fiancé, and your relationship with your U.S. citizen fiancé.
5. Enter the U.S. on K1 Visa (Inspection at Port of Entry)
   After you successfully complete your K1 visa interview, you should receive a valid K1 visa to seek entry to the U.S. Once you receive your K1 visa, the next step is to seek entry to the United States. At the Port of Entry (POE) you will likely be questioned by Customs and Border Protection regarding the purpose of your entry to the United States.
6. Marriage
   After you have been admitted to the U.S. with your K1 visa, the next step is to marry your U.S. citizen fiancé. You must marry your U.S. citizen fiancé within 90 days of your arrival into the U.S.
7. Adjustment of Status
   Assuming you and your U.S. citizen fiancé got married within 90 days of your entry to the U.S. the next step is to apply for an adjustment of status. An adjustment of status is the process of going from non-immigrant status to permanent resident status (green card). To do this, you are required to file a Form I-485 with USCIS. The Form I-485 is “Application to Register Permanent residence or Adjust Status.” The adjustment of status process is handled entirely in the U.S
8. Adjustment of Status Interview
   Several months after applying for your adjustment of status (Form I-485), you may be required to attend an adjustment of status interview. At the adjustment of status interview, a USCIS officer in charge of your case will ask various questions to determine whether your marriage is bona-fide and not just entered into for immigration benefits.

6 – Documents you need to get the K1 visa.

There are many documents that you may need to include with your petition for a K1 visa. The required documents will vary depending on your particular situation and the evidence that you have available. Below is a general list of some of the documents that may be required at the Form I-129f stage.

• Unexpired passport of U.S. citizen petitioner to show evidence of U.S. citizenship
• Final divorce decrees and any other evidence that you or your fiancé have legally terminated all previous marriages (if applicable)
• Passport photos
• Evidence of legal name change (if applicable)
• Photo of you and your fiancé together
• Flight tickets, itinerary, and passport stamps showing travel to see fiancé
• A signed statement from the K1 visa beneficiary and the U.S. citizen petitioner expressing each person’s intent to marry the other within 90 days of the K1 visa beneficiary’s entry to the U.S.
• Phone call logs showing regular communication with each other
• Text message threads showing regular communication with each other
• Copies of letters exchanged between each other
• Signed statements from friends and family attesting to the relationship between both parties.

Keep in mind that this is a general list. We should review your case in detail to see if more documents need to be added to the request.

7 – K1 Visa Form

• Form I-129f: The Form I-129f is also called the “Petition for Alien Fiancé(e).” This is the initial form that is filed by the U.S. citizen petitioner with USCIS. This form is filed along with several documents establishing that the petitioner is a U.S. citizen, that both parties intend to get married within 90 days of the K1 visa beneficiary’s entry to the U.S. and that both parties have met within the last 2 years prior to filing the petition
• Form I-765: The Form I-765 is also called the “Application for Employment Authorization.” This form can be filed at 2 separate times throughout the K1 visa process. You may file this form upon your entry to the U.S. on a K1 visa to get work authorization prior to marrying your U.S. citizen fiancé. You may also file this form at the adjustment of status stage
• Form DS-160: The Form DS-160 is the Online Nonimmigrant Visa Application. You must complete this form and submit it online in order to apply for your K1 visa.
• Form I-485: This form I-485 is the Application to Register Permanent Residence or Adjust Status. This is the form that must be filed to go from non-immigrant status to permanent resident status (green card). This is the form that you file after you marry your U.S. citizen fiancé

The K1 visa is a special visa which allows the fiancé of a U.S. citizen to enter the United States, get married to their U.S. citizen fiancé, and adjust status in the U.S. to get their green card. You should now have a much stronger understanding of the various aspects of the K1 visa, including the K1 visa benefits, K1 visa requirements, and K1 visa process.