K-1 Visa, or commonly known as Fiancée Visa, is a type of nonimmigrant visa for fiancées of U.S. citizens. The fiancée is the given name for female partners of male/female U.S. citizens, and Fiancé is the given name for male partners of female/male U.S. citizens. Getting a Fiancée Visa is the first step of getting a Green Card through marriage for partners who wish to be eligible for a Green Card via their U.S. citizen spouses.
- The sponsoring spouse must be a U.S. citizen
- The couple must marry within 90 days starting with the arrival of the Fiancée
- Partners must be legally available to marry. That means they both must be unmarried.
- Partners must have met each other at least once within the last two years before the sponsoring spouse file the Form I-129F, Petition for Alien Fiancée
- The relationship must be legitimate, not sham or fraudulent to get the Fiancée Visa.
- The U.S. citizen partner must meet certain income benchmarks to show that the couple can afford a living in the U.S.
The children who are unmarried and under the age of 21 can accompany Fiancées on K-2 Visa status.
Whether the same-sex couples’ home country has legalized same-same marriages or not, they are entitled to apply for Fiancée Visa as heterosexual couples are.
Yes, this is possible! For to be eligible for a waiver from this requirement, the U.S. citizen spouse must be in a position where meeting with his/her Fiancée would
- Be against the traditions of his/her fiancée’s foreign culture or social practice
- Pose extraordinary difficulty for the U.S. citizen spouse
They can only work for 90 days after arriving in the U.S. if Form I-765, Application for Employment Authorization, is filed immediately after his/her arrival. However, if the couple does marry within 90 days, the fiancée might apply for employment authorization together with the application for Green Card. This would grant him or her a year of work permission.
No. The fiancée must not be legally in the U.S. on another visa status while applying for Fiancée Visa.
Divorce decrees, death certificates, and annulments can be handed over to prove that you are unmarried and eligible to marry a U.S. citizen
Yes, of course! Immediately after the partners lawfully marry, the fiancée Visa holders can start the process of Green Card!
No, Fiancée Visa is valid for 90 days and cannot be extended beyond this timeline.
Unfortunately, no. Your sponsoring spouse must be a U.S. citizen for you to be eligible for Fiancée Visa.