K-1 Visa is helpful for you when you want to marry a
foreign national. This is applicable to the US citizen who is going to marry a
foreigner. You can bring in your fiancé to the US on this visa. Your fiancé can
come in to marry you and to live with you.
This specific visa also permits you to bring in unmarried
children of your fiancé, if any, to the United States, but they should b under
the age of 21 years.
Legal permanent residents or the green card holders cannot
file this. The other option for them is to go for immigration of spouse which
can be done after the wedding.
This is a temporary visa for marriage only. Your spouse
cannot stay in the US for long term. It offers 90 days to get married. If you
want her to stay back permanently then you need to get her status adjusted by
filing a petition.
K-1 Visa Conditions
1. Till the marriage, you fiancé will be treated as a
2. With K-1 visa your fiancé can enter the US for a single
3. Your fiancé will need a new visa to enter the US, if
she/he leaves US before marriage.
4. Your marriage should take place within 90 days
5. If your fiancé marries someone else instead of you, then
she will need to leave the US
6. For living and working permanently, your fiancé will
need to apply for permanent citizenship
Applicant Ineligibility for a Visa
If you are engaged in certain activities or you are into
certain conditions, then you may not be eligible for a visa.
If you are or want to traffic drugs
If you have HIV/AIDS
There was any instance of overstaying with a visa
If you practice polygamy
If you are related to or support plan to overthrow the
If you submit fraudulent or false documents
How Long Does It Take
The time needed for k-1 visa will vary depending on the
case. If you do not furnish all the needed information, then your visa
application will need more time. If security clearance is needed, then it will
take much more time.
Steps to the K-1 Visa
Step 1: File a petition – You can file a petition with the
USCIS. You can file the petition on behalf of your fiancé. Petition for Alien
I-129F) should be filled by you on behalf of your fiancé. You can
file the petition at the local U.S. Citizenship and Immigration Services (USCIS)
Step 2: Your Fiancé obtains a visa- After the USCIS
approves the petition; it goes to the local embassy or consulate at your
fiancé’s place. Now your fiancé needs to apply for a K-1 visa. If his/her
application is granted then your fiancé will get a k-visa.
Step 3: Enter the United States
After your fiancé gets the K-1 visa, he/she can enter the
United States. There are immigration ports of entry through which entry into the
US is possible.
Step 4: Get your fiancé’s Social Security Number
Your fiancé can apply for a social security number card
which offers several advantages and benefits of the card holder.
Social Security Website for further
Step 5: Get Married
Now at the last, get married. You should get married before
90 days of arrival of your fiancé.
As per the condition of the K-1 Visa you and your fiancé (e) must get married
within 90 days of his/her arrival.
Step 6: Apply for Permanent Residency (Green Card) – you
can apply for a permanent residence status by filing a simple Adjustment of
Status (AOS/I-485) for your fiancé. Just fill up the
Form I-485 application. You can fill up
this form at the local USCIS. You can help your fiancé by filling the Affidavit
File the following 2 forms at nearest
USCIS Field Office:
Download Form I-485 - Application To
Register Permanent Residence or Adjust Status
Download Form I-864 - Affidavit of Support
Step 7: Permanent Status for Your New Spouse – As the
permanent residence right received through marriage is conditional and for 2
years, so you should file I-751 petition.
Out More On Petition to Remove the Conditions on Residence
I-751 Form - Petition to Remove the Conditions on Residence
Required Documents of the Sponsor for K-1 Petition
You need the following documents to sponsor your spouse to
enter the United States. When you file a petition, you need to provide the
following documents to the USCIS field office –
Form I-129F Petition for Alien Fiancé (e) –
In case of any unmarried children of under 21 years of your fiancé, you need to
submit this form.
2. Evidence of Your U.S. Citizenship- You also need to
provide proof that you are a citizen of US. You can produce, U.S. birth
certificate, certificate of Naturalization or your U.S. passport will be enough.
3. G-325A Forms Biographic Data Sheets – You need to
G-325A Forms, which should be complete and
signed. One of the two forms is for you and the other is for your fiancé.
4. Color Photos- You need to provide one recent color photo
of you and your fiancé (e).
5. Prior Marriage Nullification Documents –This document is
necessary in case you or your fiancé have been married previously. You need to
provide copies of annulment decrees, divorce decrees or death certificates of
your past spouse.
6. Permission to Marry- If you are under the age of
restriction, you need a permission to marry.
K-1 Visa Application- Documents required
You need a valid passport which should be valid to travel
to the United States
You need a valid birth certificate
Divorce or death certificate of the past spouse. It is
necessary both for the applicant and the petitioner
Police verification certificate about you from the
different places you stayed after the age of 16
Medical examination certificate
You also need a evidence of financial support -
You need two Non-immigrant Visa Applications,
Your fiancé will need one Non-immigrant Fiancé(e) Visa
You need two visa photographs
Evidence of relationship. You can send photos.
Where Should I File the Petition?
The place to file a petition may vary depending on your
location and status.
You can file the petition at the Service Center that has
jurisdiction over your area of residence.
If you live outside the U.S. and filing for your fiancé,
then file at the Service Center that has jurisdiction over your last place of
residence in the U.S.
A US citizen can file under the LIFE Act, and can file at
U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
Fees - How much will it cost?
Fees are charged for the following services:
$190USD for Form I-129F (filing an Alien Fiancé (e)
$190USD for filing I-130
Fee for Medical examination
Fee for Fingerprinting
You may need to pay translation and photocopying charges
documents required for the visa application collection fee
Filing Form I-485 Application to Register Permanent
Residence or to Adjust Status
$325USD plus $70 biometrics services fee for 14 years of age or older
$225 if under 14 years of age
$325 if you are 79 years of age or older
Petition to Remove the Conditions on Residence fee of
$275USD, if applicable
Please note that fees can be changed without notice, please refer to the
USCIS website for the latest fees.