U.S. citizens may petition for a K-1 nonimmigrant visa (fiancé/e visa) for their foreign national fiancé/e so that they may seek admission to the country on a temporary basis. The K-1 visa permits entry to the U.S. for 90 days. The foreign national fiancé/e must marry their U.S. citizen petitioner within those 90 days for the foreign national to be eligible for lawful permanent resident status (a Green Card).

Eligibility Requirements

You may be eligible to petition for the K-1 fiancé/e visa if:

  • You are a U.S. citizen
  • You and your fiancé/e are intending to marry within 90 days of their entry to the U.S. on the K-1 fiancé/e visa
  • You are your fiancé/e demonstrate a bona fide intent to establish a life together and are both legally able to marry in the U.S.
  • You and your fiancé/e met in person at least once during the 2-year period before your filing of the petition

Under the following scenarios, your fiancé/e or spouse is not eligible for the K-1 visa:

  • You are already married
  • Your fiancé/e already legally resides in the U.S.
  • You are planning to marry in a country other than the United States

If this is your situation, a Petition for Alien Relative is required. Get more information here.

The Process

Bringing your foreign fiancé/e to the United States is a multi-step process, outlined below.

  1. You file a Petition for Alien Fiancé/e (Form I-129F). The purpose of this petition is to establish that the claimed relationship between you and your fiancé/e is valid.
  2. Once Form I-129F is approved, it is forwarded to the U.S. Embassy or consulate where your fiancé/e will be applying for their K-1 visa.
  3. A visa interview is scheduled for your fiancé/e at the appropriate U.S. Embassy or consulate.
  4. Your fiancé/e applies for the K-1 nonimmigrant visa and attends the visa interview
  5. Upon being granted the K-1 nonimmigrant visa by a DOS consular officer, your fiancé/e travels to the U.S. and seeks admission into the country at a port of entry.
  6. Upon your fiancé/e being admitted into the U.S. as a K-1 nonimmigrant, you two have 90 days to get married.
  7. As long as you marry within 90 days, your spouse may apply for a lawful permanent residence (a Green Card) through adjustment of status (Form I-485).
  8. Upon approval of Form I-485, your spouse will be granted conditional permanent resident status and will be given a 2-year Green Card. Before this Green Card expires, they must file a petition to remove the conditions on their residence.

How We Can Help

We know that the immigration process for a foreign national fiancé/e is complex and multi-faceted. Youngblood & Associates will guide you and your fiancé/e through every step of the process, beginning with filing a Petition for Alien Fiancé/e and concluding with the removal of conditions on your spouse’s residence. We understand that every story is different and will work with you to identify the most effective strategy for your case. We offer reliable and experienced representation throughout the K-1 process and the path to permanent residence.

Not sure what you need?

Call our office today at 931-274-7811 to schedule your consultation or complete a service inquiry form to get your process started today.

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