K1

What is the K-1 fiancé (e) visa?

The K-1 is a nonimmigrant visa granted to the fiancé(e) of a U.S. Citizen. A U.S. Citizen may bring his/her fiancé(e) to the United States if the following requirements are met:

• The petitioner and fiancé(e) must intend to marry one another within 90 days of the fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;

• Both must be legally free to marry; and

• The petitioner and fiancé(e) must have met each other in person at least once within the 2-year period before you file your petition. This requirement may be waived if meeting in person would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or result in extreme hardship to the U.S. citizen petitioner.

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What if my fiancé (e) has children? Can they immigrate with him/her?

If your fiancé(e) has unmarried children under 21 years of age, they will also be able to immigrate with your fiancé(e) under a K-2 nonimmigrant visa. The children’s names must be indicated in the specific form.

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Can my fiancé(e) work when s/he arrives with K-1 visa?

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for work authorization and must receive it prior to beginning any work. S/he may also apply for work authorization together with the Green Card application. 

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Can my fiancé(e) get a K1 visa if s/he has had some criminal problems in his/her home country?

Once the petition is approved, your fiancé(e) will have to go through consular processing and an interview at a U.S. Embassy or Consulate. You and your fiancé(e) shall get married within 90 days of his/her admission to the United States as a K-1 nonimmigrant, so s/he may apply for a green card in the United States.

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What if I, US citizen, have a criminal record?

Having a criminal record does not automatically disqualify you in applying for a K-1 visa  for your fiancé(e). It is important to obtain guidance from an immigration attorney licensed in the U.S. to discuss your case. Be aware that K-1 visa applicants will be provided with any existing criminal background information of their U.S. citizen fiancé(e)s that is received by USCIS during processing of their petitions.

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What are the steps and how long does it take to obtain a fiancé(e) visa?

The first step to obtaining a K-1 fiancé(e) visa is to file a Petition For Alien Fiancé(e) with the USCIS. The current processing time for K-1 visas is 6-10 months. Once the petition is approved, your fiancé(e) will have to go through consular processing and an interview at a U.S. Embassy or Consulate, which may take up to 10 months to be scheduled.