The K-1 fiancé(e) nonimmigrant visa is designed to allow entry into the United States to fiancé(e)s of U.S. citizens, for the purpose of marrying their fiancé(e). The process requires submission of applications, documents, and proof that the couple is willing to marry within 90 days of entry into the United States. A K-1 visa is issued once the petition is approved. Once the visa is approved, the fiancé(e) can enter the United States but must marry the U.S. citizen within 90 days. The K-1 fiancé(e) is authorized to obtain employment during that 90-day period before marriage. After the marriage, the nonimmigrant can apply to adjust their status to permanent resident as an immediate relative.
Who Is Eligible
To successfully petition for a K-1 visa for a fiancé(e) of a U.S. citizen, the parties must satisfy the following requirements:
- The parties must have previously met in person within two years of the date of filing the petition (this requirement can be waived “if compliance would result in extreme hardship to the petitioner or compliance would violate strict and long established customs of the beneficiary’s foreign culture or social practice.”
- The parties have a bona fide intention to marry.
- The parties are willing to marry within ninety days of the fiancé(e) arrival
- The parties have terminated any prior marriages