K-1 fiancé(e) visa

Your K1 Visa Lawyer – Effective, Clear, and Professional.

Are you engaged to a non-U.S. citizen and planning to marry in the United States? Our Fiancé Visa Lawyers specialize in uniting couples under U.S. immigration law. One viable option for U.S. citizens who want to bring their foreign fiancé(e) to the U.S. for marriage is the K-1 Fiancé Visa.

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How to Bring Your Fiancé to the United States

The K-1 nonimmigrant visa is specifically designed for foreign national fiancé(e)s of U.S. citizens. It allows your fiancé(e) to travel to the U.S. and marry you, their U.S. sponsor, within 90 days of arrival. Here’s what you need to know about navigating this process:

Post-Marriage Adjustment: Once married, the immigrant spouse must apply for an adjustment of status with the United States Citizenship and Immigration Services (USCIS) to become a Legal Permanent Resident (LPR). Read more about a marriage-based green card →
Visa Expiration: The K-1 visa automatically expires after 90 days. It is critical to marry within this period, as failing to do so can result in violations of immigration laws and potential deportation.

USCIS requires thorough documentation and typically conducts an interview to ensure the legitimacy of the relationship and the impending marriage.

After a successful K1 visa application, your foreign fiancé(e) will be able to visit and live with you in the US as long as you fully intend to get married within the time frame of the visa’s validity.

The K1 fiancé visa is officially classified as a non-immigrant visa, which essentially means that it is a temporary and short-term visa. The K-1 fiancé visa does not allow the visa holder to stay in the United States for more than 90 days, so foreign nationals who wish to live permanently in the United States must apply for a full immigrant visa, such as a marriage green card, instead.

Requirements for a K-1 Visa

To be eligible to sponsor your foreign-citizen fiancé for a K-1 visa, you must meet the following criteria:

Citizenship Requirement: You must be a U.S. citizen.
Meeting in Person: You and your fiancé must have met in person at least once within the two years prior to filing your application. Exceptions to this requirement are rare and typically require proof of extreme hardship or significant cultural considerations.
Legal Eligibility to Marry: Both you and your fiancé must be legally free to marry at the time the visa petition is filed and must remain so thereafter.
Intent to Marry: You and your fiancé must genuinely intend to marry within 90 days of your fiancé’s arrival in the U.S.

Finding the Right Family Visa

Choosing the right path to start your life together in the United States can be daunting. At Path to Immigration, our dedicated fiancé visa lawyers are here to help. We will discuss your specific situation, explore the most effective options for your circumstances, and guide you through the entire application process Contact us today to secure the dedicated support you need.

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Can my fiancé work in the U.S. with a K-1 visa?

Upon entry into the United States, your fiancé can apply for a work permit, known as Employment Authorization Document (EAD), which allows them to work while awaiting the finalization of their green card application.

What happens if my fiancé and I don’t marry within 90 days?

If you fail to marry within the 90-day period, your fiancé must leave the United States. If you intend to marry but circumstances prevent it, you may apply for an extension, but it’s crucial to consult with an immigration attorney to understand the options available.

Can my fiancé travel outside the U.S. after entering on a K-1 visa?

While waiting for adjustment of status, leaving the U.S. without advance parole may result in the abandonment of the green card application. However, your fiancé can travel with proper authorization, usually obtained through Advance Parole, which allows reentry into the U.S. without abandoning the application.

Can my fiancé bring their children to the U.S. on a K-1 visa?

Yes, your fiancé’s unmarried children under 21 may accompany them to the United States on a K-2 visa. However, each child must have their own K-2 visa, and they must enter the country within the same timeframe as the K-1 visa holder. It is important to consult a K1 visa lawyer to be informed about the exact process.

What are the financial requirements for sponsoring a fiancé on a K-1 visa?

As the petitioner, you must demonstrate financial ability to support your fiancé and any accompanying children in the U.S. This typically involves providing evidence of income, assets, or a joint sponsor if necessary. The specific requirements may vary based on your circumstances, so it’s advisable to consult with an immigration attorney for guidance..