How do you apply?

• File Form I-129F, K-1 Visa Petition for Alien Fiancé(e).

Who qualifies for a K-1 Visa?

If you petition for a fiancé(e) K-1 visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: 1. If the requirement to meet would violate strict and long-established customs of you or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

After the Fiancé(e) K-1 Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

Permission to Work

Once in the United States, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization. Work permits are valid for 90 days after entering the U.S. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

What happens if we do not marry within 90 days?

With the K-1 Visa, the Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

Each K-1 Visa petition is different, The fiancé(e) petitions are processed quickly. The approval is then forwarded to the National Visa Center (NVC). The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your K-1 Visa fiancé(e).