travel.state.gov
Categories of Immigrant Visas
Fiancee Visas
Although a K-1 fiance(e) visa is technically a non-immigrant visa it does lead to permanent residence in the United States. Processing an application for a fiance(e) visa differs from processing all other non-immigrant visa applications. In fact it closely resembles immigrant visa processing.
This type of visa anticipates that the alien will marry a U.S. citizen within 90 days after admission to the United States and that he/she will thereafter apply with the U.S. Citizenship and Immigration Services (USCIS) to adjust his/her status from non-immigrant to that of an immigrant and establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the Immigration Service for removal of the conditional status.
How to apply for a K-1 visa
- The U.S. citizen files a petition (Form I-129F) with an USCIS office in the United States (not abroad) to admit the alien as a fiance(e).
- After approval, the petition is transmitted to the consular office where the alien fiance(e) will apply. The alien is then requested to provide certain documents (police, medical records, affidavit of support) and complete some forms.
- The alien must apply within the four-month validity of the petition. After issuance of the K visa, the fiance(e) must enter the United States within the six-month validity of the visa, marry the U.S. petitioner within 90 days of admission to the United States, and adjust status after that.
Minor Children
The minor unmarried child (under the age of 21) of a K-1 beneficiary derives "K-2" nonimmigrant visa status from the parent if the child is named in the petition. The child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé(e), and acquired lawful permanent resident status. However, the ultimate date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
Documentation
Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiance(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms and photographs, the following documents are normally required:
- Valid passport
- Evidence of support
- Birth certificate
- Medical examination
- Divorce decree or death certificate of any previous spouse
- Police Certificates from all places lived since age 16
- Evidence of valid relationship with the petitioner
- Passports and medical examinations for any accompanying children
Visa Issuance
As soon as the processing of a case is completed and applicant has all necessary documents, a consular officer will interview the fiance(e) to determine eligibility for a K visa. Applicants who have a communicable disease, or have a dangerous physical or mental disorder: are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residence requirement for former exchange visitors is also applicable. If necessary, the consular officer will assist the applicant in applying for a waiver of ineligibility from the Attorney General. If found eligible, a visa will be issued, valid for one entry during a period of 6 months. The application fee for a K-1 visa is 91.70 euros.