Sorting Through the Requirements for a K-1 Fiancé Visa

The Big Picture – Immigrating Through a Fiancé

The K-1 visa process involves three main components: petitioning the fiancé, applying for the visa, and applying for permanent residence. The petition establishes a qualifying relationship, while the visa application is straightforward unless the beneficiary has a criminal history. After 90 days of marriage, the beneficiary can apply for a green card, requiring strong evidence of eligibility.

 

Form I-129F Petition Requirements

To obtain a K-1 visa, a U.S. citizen must file Form I-129F, Petition for Alien Fiancé. Permanent residents cannot file Form I-129F, so they must become U.S. citizens through naturalization or marry outside the U.S. and petition their spouse for an immigrant visa. The petitioner must also submit proof of U.S. citizenship, evidence of termination of previous marriages, a passport-style photo, evidence of an in-person meeting with the fiancé, and evidence of intention to marry within the 90-day window allowed by a K-1 visa.

 

Fiancé Visa Requirements

A fiancé visa requires marrying within 90 days of entering the US, and if not married, they must leave before the 90 days ends, and then apply for permanent residence.


𝐴𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡 𝑜𝑓 𝑆𝑡𝑎𝑡𝑢𝑠
Marriage to a U.S. citizen does not grant immigration status. A foreign national must request a change in immigration status, known as an adjustment of status, for a green card.

𝐺𝑟𝑒𝑒𝑛 𝐶𝑎𝑟𝑑 𝐴𝑝𝑝𝑙𝑖𝑐𝑎𝑡𝑖𝑜𝑛 𝑃𝑎𝑐𝑘𝑎𝑔𝑒
The K-1 entrant’s adjustment package includes USCIS filing fees, application to adjust status, medical examination and vaccination record, affidavit of support, passport-style photos, government identification, birth certificate, arrival/departure record, nonimmigrant visa, admission stamp, marriage proof, and Form I-129F approval notice. Additional forms for employment and travel authorization are required.



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