K1 visa is the visa issued to the foreign fiancé of a US citizen to enter the United States and marry the US citizen. Once the foreign fiancé enters the United States, he or she can marry the US citizen and then apply for a green card under the immediate relative category.
Application
The US citizen generally referred to as the petitioner must file the petition with the United States Citizenship and Immigration Services (USCIS). The petitioner must file Form I-129F Petition for Alien Fiancé together with Form G-325A Biographic Information. The petitioner must also submit proof of US citizenship, some evidence of courtship and pay the petition fees. Once the petition is submitted, the USCIS will review the petition and within a few weeks, the petitioner will receive the Form I-797 Notice of Action from the USCIS acknowledging the receipt of the petition.
If the petition is approved, the petitioner will receive another Notice of Action informing about the approval. The USCIS will then forward the petition to the National Visa Center for conducting background checks. Once the background checks are completed, the file is transferred to the US Embassy/Consulate having jurisdiction over the fiancé’s place of residence. The US Embassy/Consulate will then notify the foreign fiancé and call the fiancé for an interview. The fiancé must submit the following documents to the Embassy/Consulate:
- Birth certificate
- Divorce or death certificate of any previous spouse for both the applicant and the petitioner
- Police certificate from all places lived since age 16
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
- Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
- One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
- Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
- Evidence of a fiancé relationship
- Visa fees
Once the fiancé clears the interview, the visa will be affixed on his or her passport. The fiancé must obtain the visa within four months from the date of approval of the Form I-129F.
Other Rules
The visa will be issued for six months and will be valid for a single entry. The marriage must take place within 90 days from the date of fiancé entering the United States. If the fiancé leave the United States after entering on a K-1 visa, he or she cannot re-enter on the same visa. If he or she intends to leave and re-enter the United States, he or she should submit Form I-131 Application for Travel Document to the USCIS office that serves the area where he or she lives. A K-1 visa holder can file Form I-765 Application for Employment Authorization. The child(ren) of the fiancé may receive a K-2 visa.
Permanent Residency
After marriage, the K1 visa holder can apply for a green card by filing Form I-485 Application to Register Permanent Residence with the USCIS. The US citizen spouse must fill out the Form I-864 Affidavit of Support.
Getting Legal Help
The government takes fraudulent marriage seriously. Applications for K1 visas are scrutinized carefully. Even a small error can result in the petition being rejected. There are many conditions attached to a K1 visa. Violation of these conditions can result in the foreign fiancé loosing lawful status. An experienced US immigration attorney can guide you through the various requirements of the K1 visa.
