Looking to join your fiancé(e) in the United States?
The Fiancé(e) Visa (K-1) is designed to help foreign nationals come to the United States to marry their U.S. citizen fiancé(e).
The K-1 Fiancé(e) Visa
What is the K-1 Fiancé(e) Visa?
Your big day is just around the corner, but before you can celebrate, you’ll need to figure out how to bring your fiancé(e) to the United States. The K-1 Fiancé(e) Visa is here to help. It lets you sponsor your foreign partner’s entry into the United States with the plan to marry within 90 days of their arrival. Once you’re married, your fiancé(e) can apply for adjustment of status to become a lawful permanent resident, so you can start your new life together.
Handling the K-1 visa application can be stressful, especially with your wedding planning in full swing. At HBM Law, we’re here to offer practical advice and supportive legal guidance to make the process smoother. This way, you can focus on what’s important: starting your life together.
Are you married?
K-1 Fiancé(e) Visa: If you’re an American citizen planning to marry and live in the U.S. with your fiancé(e), you will need to apply for the K-1 visa.
If you are already married to a foreign national and wish to move to the United States together, you will need the U.S. Spouse visa (IR1, CR1 or K-3).
Checklist for the U.S. K-1 Fiancé(e) Visa
Things to do for both partners
- The U.S. citizen files the Petition for Alien Fiancé form with a USCIS office in the United States.
- After the petition is approved, the foreign partner applies for the K-1 visa at the U.S. Embassy in their home country.
Things to do for the U.S. Citizen Petitioner to sponsor your fiancé(e)
- Provide proof of U.S. citizenship. Acceptable documents include the following:
- U.S. passport, birth certificate, citizenship or naturalization certificate,
- Form FS-240 (Consular Report of Birth Abroad)
Things to do for the fiancé(e)
- Provide evidence of health, including records of any past or current medical conditions.
- Undergo a medical examination by a U.S. Embassy-accredited physician.
- He or she will also need to present immunization records or receive the required vaccinations before their visa interview.
Necessary Documents checklist for both partners
Proof of Relationship: Is your relationship legitimate?
- Sworn statements from friends or family.
- Call records showing communication.
- Written correspondence (emails, letters, etc.).
- Photos taken together.
- Evidence of meeting in person within the past two years.
Proof of Financial Independence: Can you demonstrate you won’t be a financial burden?
- Evidence of your fiancé(e)’s ability to financially support themselves, or
- Affidavit of Support (I-134) from you, showing you meet financial requirements (minimum household income or equivalent assets).
Criminal Record Checks: Have you checked your crimincal record?
- Criminal record check for your fiancé(e) in their home country.
- Criminal record check for you in the United States.
- Note: Waivers may be possible for lesser offenses; serious offenses may lead to denial.
Legally Free to Marry: Are you both single and legally eligible to marry in the United States?
- Marital Status Certificate for your fiancé(e) from their local government office.
- Termination of Marriage or Death Certificate if either party was previously married.
Intention to Marry While in the United States: Will you marry soon?
- Plan to marry within 90 days of arriving in the United States.
- Understand that the K-1 visa is valid only for marriage and cannot be used for work or education purposes.
The K-1 Visa Application Process
Once you meet the requirements and have all the necessary documentation, you can start the K-1 Visa application process.
- Submit the Petition: The U.S. citizen submits the K-1 Visa Petition (Form I-129F) to the USCIS office in their area.
- Receive Notice: You will get a letter called the Notice of Action (NOA) with a case number so you can track your application. This usually takes about four to five months.
- Approval and Next Steps: If USCIS approves the petition, you’ll get a second NOA, and your case will be sent to the National Visa Center (NVC).
- Possible Rejection: If there are mistakes or missing documents, USCIS might reject the petition. It’s a good idea to consult with an immigration expert before you submit your application.
- Forwarding the Case: After USCIS approves your petition, the National Visa Center (NVC) sends your case to the U.S. Embassy.
- Receiving Your Case Number: The NVC will also give your case a number, which you’ll use to communicate with the embassy.
- Processing Time: It takes the NVC about three to four weeks to process your petition.
- Instructions from the Embassy: Once the U.S. Embassy gets your case, they will email you detailed instructions on how to prepare the documents needed for your visa interview.
- Prepare Documents and Schedule the Interview: Complete Form DS-160, the online nonimmigrant visa application that includes the K-1 Visa, and pay the visa fee.
- Receive Instructions: Afterward, the fiancé(e) applicant will get documents with a letter that authorizes them to schedule their visa interview.
- Seek Help if Needed: This process can be complex, so consider getting help from an immigration expert to prepare the documents, obtain the criminal record check, schedule the medical exam, and practice for the interview.
- Your fiancé(e) should book their medical exam with an approved physician at least 10 days before the interview to ensure the results are ready on time. The medical certificate will be valid for six months (or three months for certain conditions).
- If a K-1 visa is issued, it will expire either six months from the date it’s issued or on the expiration date of the medical certificate, whichever comes first.
- Your fiancé(e) will spend about 1.5 hours at the embassy for the interview.
- He/she will bring their with him/her. During the interview, you can expect questions about their documentation and relationship, such as how you met and how long you’ve been engaged. At the end of the interview, the Consular Officer will usually either approve the application or request additional information or documents.
- If the Consular Officer asks for extra information or documents during the interview, you’ll need to provide them either at that time or by mailing them to the Immigrant Visa unit at the U.S. Embassy.
- If the application is approved right after the interview, the Consular Officer will keep the fiancé(e)’s passport, and the visa will be issued within about two weeks.
- If additional documentation is needed, the applicant can mail their passport to the embassy once the application is approved. In either case, the embassy will return the passport by mail.
- Enter the United States within the validity period of the K-1 visa.
- Have your court marriage with your U.S. citizen fiancé(e) within 90 days of entry.
- File adjustment of status for permament residency through marriage.
Challenges in Getting a U.S. K-1 Fiancé(e) Visa
While there are some challenges that can come up when applying for a K-1 Visa, don’t worry. Knowing what to look out for can help you navigate the process more smoothly. Here are some common hurdles you might encounter.
- Not having enough proof of a genuine relationship.
- Online information that doesn’t match what was shared about the relationship.
- Difficulty answering questions about the U.S. petitioner.
- Language barriers between the couple.
- Lack of communication after filing the K-1 petition.
- Previous issues with immigration or visa applications.
- A criminal record involving violence or drugs.
- Having overstayed a previous visa.
- Multiple previous marriages.
Hundreds of Couples Have Trusted HBM Law for Their K-1 Visas
We’ve united hundreds of couples and each case is personal to us, simple and complex. We are dedicated to making the visa process easier for international couples, wherever you may be. Having a professional by your side can make everything run much more smoothly without the overwhelm and stress. Our K-1 Visa service ensures that all legal requirements in both your home country and the United States are met. Our multilingual team will support you and your partner every step of the journey.
We want to know your story and put you on the best path.With our extensive experience and strong connections with immigration authorities and U.S. Embassies, let us bring your fiancé(e) home to the United States to get married.
Let’s explore options for your fiancé(e) today.
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