The K-1 Visa

A K-1 visa is a temporary, nonimmigrant visa that allows a foreign national fiancé of a U.S. Citizen to enter the U.S. for the specific purpose of marrying their U.S. Citizen spouse. To be eligible for a K-1 visa:

• The petitioner must be a U.S. Citizen
• Both parties must be legally free to marry
• The couple must have a genuine intention to marry within 90 days after the foreign fiancé’s admission to the United States;
• The couple must have met in person at least once within the two years preceding the filing of the petition (although exceptions can be granted based on extreme hardship for the U.S. Citizen sponsor)

Advantages:

• Permits the couple to marry in the United States rather than marrying abroad before starting the immigration process
• Provides a direct route to an application for permanent residence in the United States
• Qualifying, unmarried children (under 21) of the foreign spouse may be eligible for K-2 visas and can accompany the K-1 parent without having to file separately

Disadvantages:

• Purpose-specific and time sensitive – foreign fiancé is only admitted for 90 days, the admission period cannot be extended, must marry the U.S. Citizen petitioner
• The process involves multiple stages:
  • § Filing Form I-129F with USCIS
  • § Additional overseas visa processing after adjudication by USCIS
  • § Separate application for Adjustment of Status after marriage to U.S. Citizen

A K-1 visa is typically valid for one entry within six (6) months from the date of the medical exam. A foreign national may only enter the U.S. once using the K-1 visa.

Documents to bring:

• Passport with K-1 visa
• Sealed medical packet (if provided)
• Copy of Form I-129F approval notice
• Contact information for U.S. fiancé(e)

At the airport or port of entry, a Customs and Border Protection (CBP) officer will admit a foreign national in K-1 status. The I-94 record will reflect the lawful entry. The foreign national is authorized to remain in the U.S. for 90 days.

A foreign national may not change to another nonimmigrant status.

• The marriage must occur within the 90-day period after admission with the K-1 visa
• The foreign national must marry the same U.S. citizen who filed the I-129F petition
• Obtain multiple certified copies of the marriage certificate

Failure to marry within 90 days may result in loss of status and possible removal proceedings.

Once married, a foreign national is eligible to apply for Adjustment of Status to become a lawful permanent resident. This is a separate application process filed with USCIS.

The Adjustment of Status process is a full green card application and involves a complete review of marital bona fides, financial sponsorship compliance, admissibility issues including public charge analysis, criminal record, and previous immigration violations.

The K-1 visa is the first step. Adjustment of Status is the final and most important step toward permanent residence.

Disclaimer: THIS DOCUMENT INCLUDES GENERAL INFORMATION ONLY THAT IS INTENDED TO HELP CONSUMERS LEARN ABOUT THE LAW AND THE LEGAL SYSTEM. IT DOES NOT CONSTITUTE LEGAL ADVICE AND MUST NOT BE RELIED UPON OR USED AS A SUBSTITUTE FOR THE COUNSEL AND SERVICES PROVIDED BY A LICENSED ATTORNEY. VIEWING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. ALL CASES ARE DIFFERENT AND LEGAL ADVICE IS HIGHLY DEPENDENT ON THE PARTICULAR FACTS AND LEGAL ISSUES IN QUESTION. ONLY INDIVIDUAL ATTORNEYS CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN, AND YOUR INTERPRETATION OF IT, IS APPLICABLE AND APPROPRIATE TO YOUR SPECIFIC SITUATION. YOU SHOULD REFRAIN FROM ACTING ON THE BASIS OF THIS INFORMATION ALONE WITHOUT SEEKING LEGAL ADVICE FROM A QUALIFIED ATTORNEY. RELIANCE AND USE OF THE INFORMATION CONTAINED HEREIN IS DONE AT YOUR OWN RISK.

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INA § 212(d)(3) Nonimmigrant Waiver

EB-2 National Interest Waiver (NIW)

The O-1 Visa: Foreign Nationals of Extraordinary Ability or Achievement