K-1 Visas
Allows a foreign fiance(e) of a U.S. citizen to enter the U.S. for marriage and apply for lawful permanent residence.
Requirements:
- Marriage to the U.S. citizen must occur within 90 days of entry.
- Both parties must be legally eligible to marry.
- The couple must have met in person within the past two years unless a waiver is granted due to cultural traditions or extreme hardship.
- Proof of a bona fide relationship is required.
Application Process:
- Petition Filing: The U.S. citizen files form I-129F with USCIS.
- Consular Processing:Once approved, the petition is sent to the consulate where the foreign fiance(e) lives.
- Visa Interview:The K-1 applicant completes the process at a visa interview
Visa Validity & Work Authorization:
- The K-1 visa is valid for 120 days and allows a single entry into the U.S.
- K-1 visa holders can apply for work authorization upon arrival. They may also apply for work and travel permits when filing for permanent residence.
Accompanying Family Members:
Unmarried children under 21 of the K-1 visa holder can apply for K-2 Dependent Status to enter the U.S.
Path to Permanent Residence:
- After marriage, K-1 holders can apply for lawful permanent residence (green card).
- K-1 status cannot be extended or changed to another non-immigrant status.
- Failure to marry the sponsoring U.S. citizen within 90 days or marrying someone else disqualifies the applicant from the permanent residence process.
The K-1 Visa is a pathway to marriage and permanent residency, requiring timely actions to maintain lawful status.
