Immigration Law
Nonimmigrant Visas: K-1 Fiancé/e of U.S. Citizen
WHO IS THE VISA FOR?
This visa if for a fiancée of a U.S. citizen who plans to marry such citizen within 90 days of her/his entry to the U.S.
WHO MAKES THE APPLICATION/PETITION?
An individual U.S. citizen makes this application.
WHERE/HOW DO THEY APPLY?
The citizen sends the application to the appropriate BCIS Service Center.
HOW LONG DOES PROCESSING TAKE?
Most Service Centers are currently processing these petitions within 15 to 21 days.
HOW LONG IS VALIDITY?
Validity is only for 90 days. A valid marriage must take place before the expiration of the 90 days.
THERE ARE THREE BASIC REQUIREMENTS TO RECEIVE A K VISA:
The parties must have met in person within the past two years (in some cases this requirement can be waived);
They must have a good faith intention to marry;
They must be legally able and willing to get married within 90 days of the alien’s arrival in the U.S.
In determining whether to issue the K visa, the State Department approaches the applicant like they are applying for an immigrant visa.
They must pass a medical exam and not be subject to any grounds of inadmissibility. For example, people who have had a J visa and are subject to the two-year home residency requirement are not eligible for a K visa until serving the residency requirement or having it waived. Also, the State Department requires the following documents to be submitted:
- A valid passport
- Birth certificate
- Police certificates from each place the alien has lived since age 16
- Medical exam
- Evidence that they will not become a public charge
- Evidence of termination of previous marriages, if not submitted with the petition application