The K-1 Fiancé Visa is a Non Immigrant visa granted to the foreign fiancé of a U.S. Citizen to allow him/her to enter the U.S. for the sole purpose of marrying the U.S. Citizen within 90 days of his/her entry on the American soil.
Eligibility for K1 Fiance Visa
One applying for a fiancé visa must prove the following:
- The fiancé resides abroad
- They have met within the past 2 years
- There are no pending marriages
- A child applying for the K-2 visa is under 21 years of age
- The fiancé has no prior criminal records that would make him or her ineligible for a non immigrant visa, or has no prior records of fraud, misrepresentation, and other bad acts. Note that in that instance, the person may require a waiver of grounds of inadmissibility before obtaining the non immigrant visa.
There are restrictions on the ability of the U.S. petitioner to sponsor his or her fiancé if the petitioner has prior criminal records but there are waivers available in such instances.
The process starts with the filing of a petition for alien fiance filed with U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation proving the legitimacy of the fiancé relationship as well as the foreign national’s eligibility to receive a K1 fiance visa. While the process can take roughly 7 to 8 months, the timeframe can vary. However, upon approval of the petition, the foreign national will then have to apply for the K1 fiance visa abroad. The visa is always applied for at a U.S. Consulate in the country of residence or nationality of the foreign national and the latter cannot apply for a change of status to K-1 in the United States for example. Once the K-1 visa is issued, the foreign national will have to proceed to the United States and validate the visa. Soon after, within 90 days of the date of entry, the couple will have to marry. Finally, once the marriage is concluded, the foreign fiancé will have to file to adjust his/her status within a reasonable time in order to obtain a Green Card, granting him/her a Conditional Lawful Permanent Residence for two years.