Eligibility Requirements
To qualify for a K-1 Visa, the following conditions must be met:
- The U.S. citizen must sponsor the fiancé(e) (permanent residents cannot sponsor).
- The fiancé(e) must be free to marry and both must plan to marry within 90 days of arrival.
- The couple must have met in person within the last two years.
- The U.S. citizen must meet specific income requirements.
Derivative Visa: K-2 Visas for children
Children under 21 of the fiancé(e) may be eligible for K-2 Visas to accompany their parent to the U.S. and apply for a Green Card once there.
Work Authorization
Once in the U.S., the K-1 visa holder can apply for a work permit.
What Happens If You Don't Marry in 90 Days?
If you do not marry within 90 days of your entry into the U.S., the K-1 visa expires, and the fiancé(e) must leave the U.S. to avoid legal issues.
Application Process
The process for obtaining a K-1 visa involves several important steps that both the U.S. citizen sponsor and the foreign fiancé(e) must complete.
File Petition
Submit Form I-129F with USCIS, including the required documents and fee.
Visa Approval
If approved, USCIS forwards the petition to the National Visa Center (NVC) and then to the consulate.
Interview
The fiancé(e) attends a visa interview at the consulate.
Entry & Marriage
After entering the U.S., the couple must marry within 90 days.