What is K-1: Fiance Visa?
This visa is for fiancés of US Citizens and their accompanying minor children and was created to speed up the immigration process for these individuals so they could travel to the US more quickly. The marriage must take place within the 90 days of the K-1 Visa holder arriving in the US.
How does the Fiance Visa process look like?
- US Citizen Fiancés file for their intended spouse on Form I-129, Petition for Alien Fiancé.
- A Request for Evidence will be received if more information is needed to process the petition.
- Then the USCIS will either approve or deny the petition.
- Once the I-129 is approved, it will be sent to the US Consulate near your fiancé. Your fiancé will then receive instructions for the other needed information and will go to an interview at the consulate.
- If approved, the fiancé will receive a K-1 stamp in their passport, allowing travel to the US. The marriage must take place within 90 days of the fiancé arrival in the US.
- Once married, your spouse can apply for permanent residence and remain in the US while the USCIS makes its decision.
Do I Qualify?
If you are a US Citizen and want to petition for your fiancé then you and the fiancé must:
- Be legally able at the time of your petition and remain so;
- Willing to marry your fiancé within 90 days of their arrival in the US;
- Have met the person (fiancé) within the past two years (although exceptions apply for extreme hardships or religious reasons).
Your fiance may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:
- Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)
- Have been admitted to the United States as a K Nonimmigrant
- Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder
- Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder
- Have an immigrant visa immediately available
- Are admissible to the United States
How long does this process take?
The processing time varies depending on the local USCIS office and local Consulate, but in general, the average wait is 6 months for your fiancé to receive the visa after you have submitted the petition to the USCIS.
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