Fiance (K-1) Visa Immigration
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Benefits of a Fiance Visa
Faster process than spousal visa generally
Once married, can obtain employment authorization
Good for 90 day stay in US prior to marriage
Less costly than a spousal visa generally
Less risky than using a tourist visa
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Common Questions
What is a Fiance (K1) Visa?
The Fiance visa (also known as a K-1 visa) is a non-immigrant visa that allows the foreign-citizen fiancé/fiancée to travel to the United States and marry his/her U.S. citizen sponsor within 90 days of their arrival.
What are the requirements of a Fiance (K1) Visa?
To be qualified for a K-1, the following requirements must be met:
- The alien fiance must reside outside of the U.S.;
- Both the U.S. citizen and the fiancé/fiancée must be legally free to marry and remain unmarried until the arrival of the alien fiancé in the U.S.
- The alien fiance and U.S. citizen must have met in person, at least once, within the past two years of filing the I-129F petition.
- The U.S. citizen must file an I-129F petition with USCIS and have it approved before the alien fiance may apply for a K-1 visa from a US Consular Office abroad.
What are the benefits of a Fiance (K1) Visa?
U.S immigration law is quite complex. For a fiance of a US citizen, this is the best way to enter the United States. The application process is fairly simple and the approval rate is high, provided the relationship between the foreign fiance is genuine, the intent to marry still exists, and there is no attempt to commit visa fraud.
How long does the entire process take?
Generally speaking, I-129F approval is very fast, if the directions are followed and the appropriate documentation is submitted. The current processing time for an I-129F petition takes around 5-6 months. After an I-129F is approved, it is sent to the National Visa Center (NVC) for processing. It may take a few months for the documentation to reach the U.S. consulate office issuing the foreign fiance’s visa.
How long is the 129f valid for?
The Form I-129F approval is valid for four months from the date the petition is approved by the United States Citizenship and Immigration Services (USCIS). During this four month period, the engaged couple should try to secure plane tickets and the necessary travel documents for the foreign fiancé/fiancée’s entry into the United States. However, if the engaged couple cannot make the necessary travel arrangements within that four month period, the I-129F can be revalidated for four month periods.
What are the limitatiions of a Fiance (K1) visa?
The K-1 expires 90 days after the fiance enters the United States. Within that period, the fiance must marry the United States citizen petitioner, if not, the alien fiance must leave the United States or the foreign fiance will be in violation of U.S. immigration laws and could be deported.
What happens if we don’t get married after using the Fiance (K1) Visa?
If the fiance fails to marry the petitioner, he/she will not be allowed to adjust his/her status in the United States or change a status to any other immigrant or non-immigrant status. This does not mean that the foreign fiance will be barred from acquiring lawful permanent resident status; however, they would have to leave the U.S. and apply for a new visa, as long as they meet the eligibility requirements of their new immigration petition.
