2024 What Is a K-1 Visa? Visas for Fiancé(e)s of U.S. Citizens

Love knows no borders. Therefore, U.S. citizens often decide to build their lives with individuals who do not have U.S. citizenship. This can impose obstacles to living and working together in the same country. As the United States has optimal living and career opportunities globally, international couples with one U.S. citizen will often choose to reside in the United States together. When exploring their options, a common question that comes up is, “What is a K-1 visa?”

Understanding Eligibility Requirements for the K-1 Visa

To qualify for a K-1 visa, the foreign fiancé(e) and the U.S. citizen will both need to meet certain criteria. Both parties must have the intention of legally marrying within 90 days of the date when the foreign fiancé(e) enters the United States. Additionally, at the time of the petition, each individual will need to be able to marry, and they must remain eligible for marriage during the entire process.

Furthermore, the partnership will need to have met within the last two years at least once in person from the date the petition is filed. It’s important to note that certain exceptions can be made, such as if meeting in person would have resulted in extreme hardship or gone against strict religious or cultural practices. An experienced lawyer can help couples navigate the complexities related to filing.

The Process of Applying for a K-1 Visa

Applying for a K-1 visa can be difficult, as it involves complex paperwork with ample supporting documentation. The couple must also comply with rules and regulations throughout the process. The application process for a K-1 visa generally involves the following steps:

• File the Form I-129F, Petition for Alien Fiancé(e). After a couple decides that they intend to marry and would like to build their life together in the United States, they will need to file a Form I-129 with United States Citizenship and Immigration Services (USCIS). By submitting this form, the couple is officially declaring their relationship with the United States government.
• Transfer of the petition. If the petition is approved by USCIS, it will be transferred to the National Visa Center (NVC), in which a case number will be assigned. From the NVC, the petition will be sent to a U.S. embassy or consulate in the country where the foreign fiancé(e) is currently residing.
• Consular processing. The foreign fiancé(e) will need to complete Form DS-160, Online Nonimmigrant Visa Application after the petition has been approved and transferred. Upon completion of the application, a visa interview will be assigned. The applicant will need to bring the required documentation, such as police certificates, a birth certificate, a valid passport, and results from a medical examination.
• Travel to the United States. If the visa application is approved, the foreign fiancé(e) will receive a K-1 visa to travel to the U.S. and meet their fiancé(e) for marriage. They will have six months from the date of issuance to enter the U.S. Then, they will have 90 days to consummate the marriage after they have entered the country.

After the couple has married, the foreign national spouse can apply for an Adjustment of Status to become a green card holder, allowing them to enjoy the benefits of permanent residency status and, ultimately, opening up a pathway to U.S. citizenship. It’s important to note that eligible children of foreign nationals can enter the U.S. as well on K-2 visas.

As the K-1 visa process can be stressful to navigate due to its complex requirements, it’s generally advisable to work with an experienced immigration lawyer who can guide couples through the application process and traveling to the U.S. Furthermore, they can help foreign fiancé(e)s and their children understand the general steps associated with obtaining a green card residency and eventually pursuing U.S. citizenship.

FAQs

Q: Who Is Eligible for a K-1 Visa?

A: Individuals eligible for the K-1 visa include foreign citizen fiancé(e)s of U.S. citizens. For a couple to be eligible, both partners need to be legally able to marry, with the intention to marry within 90 days of the foreign fiancé(e)’s entry into the country. Furthermore, they will need to prove that they have met each other in person at least once within the two years that they filed for the application. However, certain exceptions can be made for this requirement.

Q: How Long Is a K-1 Visa Good For?

A: A K-1 visa must be used within six months of the date of issue and can only be used one time for the foreign fiancé(e)s to enter the United States. After the date the fiancé(e) enters the country, they have 90 days to marry the U.S. citizen sponsor. To understand the time limits and specific requirements associated with your K-1 visa situation, it is recommended that you hire experienced legal support.

Q: How Much Does a K-1 Visa Cost?

A: As of June 2024, the cost for filing Form I-129F, Petition for Alien Fiancé(e), is $675. In addition to the filing fee, associated fees include required medical exam costs, the K-1 visa application fee, and associated attorney costs. To understand all the potential associated costs with your K-1 application, it is critical to work closely with an experienced immigration lawyer.

Q: How Much Money Do You Need to Sponsor a K-1 Visa?

A: The amount of money required for sponsoring a K-1 visa is related to income requirements for the U.S. citizen sponsor. Generally, the U.S. citizen sponsor will need to have an income that makes up at least 100% of federal poverty guidelines for the size of their household. Federal poverty guidelines can vary based on the number of people making up the household and the state where the family will reside.

Streamline the K-1 Visa Application Process With an Experienced Immigration Lawyer

If you have decided to marry a foreign national who is currently located outside the United States, the K-1 visa is a comprehensive solution to help you consummate your marriage with your fiancé(e). A compassionate and skilled K-1 visa lawyer from U.S. Law Center can help you live with your loved one so you can start building a life in the U.S. By contacting us today, we can assist you in submitting a comprehensive and complete application, thus streamlining your process.