K-1 | Foreign-Citizen Fiancé(e)

The U.S. Department of State issues the K-1 to the foreign national fiancé(e)s of U.S. citizens so they can enter the U.S. to marry. Once married, the foreign national may adjust their status to be a permanent resident (a Green Card).

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

Qualifications

  • You are a U.S. citizen
  • You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa
  • You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment)
  • You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would: (1) violate strict and long-established customs of your fiancé(e)'s foreign culture or social practice, (2) result in extreme hardship to you, the U.S. citizen petitioner

What You'll Need

  • Evidence of U.S. citizenship
  • Evidence of Termination of Previous Marriages (if applicable)
  • Color passport-style photos of both you and your fiancé(e)
  • Evidence of legal name changes (if applicable)
  • Form I-94 arrival-departure record (if issued to your _ by U.S. Customers and Border Protections or USCIS)
  • Evidence of intention to marry within 90 days of entry
  • Evidence of in-person meeting during the 2-year period immediately before you filed this petition

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

What is better: Fiancé(e) Visa or the Marriage Green Card?

The answer to that depends on your situation – both processes have their individual benefits. Here’s a basic summary of each:

  • Using the K-1 visa “Fiancé(e) Visa”, the future spouse could come to the U.S. and the marriage would then happen in the U.S. within 90 days.
  • Using the I-130 petition (also referred to as the IR1/CR1 process) Marriage Green Card, you could first get married outside the United States, and the U.S. citizen spouse could sponsor the foreign spouse for a green card.
Is there a fee to file the K-1?

Yes, there is a $265 filing fee. Prior to filing for the K-1, you must also file <b>Form I-129F</b>, which has a filing fee of $535 and complete a medical examination which is roughly $200 (varies by provider). These additional costs bring the total cost to around $1000. If you apply online, you can also pay online. If you pay by mail, then you can pay via money order, personal check, cashier’s check, or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

How can I file my K-1 form?

You can file your form online or by mail. Filing online allows you to:

  • Pay your filing fee online
  • Check the status of your case
  • Receive notifications and case updates
  • View personalized case completion date estimates
  • Respond to requests for evidence
  • Manage your contact information, including updating your address

 

You can create an account to file online. You can also mail your form to your region’s designated USCIS office.

Of course, you can choose to manage your case independently. However, working with immigration experts can help you navigate the process and provide guidance throughout.

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

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