A fiancé(e) visa (K-1) is available to allow a foreign national to enter the United States for purposes of being married in the United States to a U.S. citizen. The K-1 visa is not an immigrant visa and does not allow the individual to live and work in the United States permanently. The K-1 Visa is only intended to allow the fiancé(e) to enter the United States to marry within 90 days.
To obtain a K-1 nonimmigrant visa, the U.S. citizen fiancé must first submit the I-129F petition on behalf of the foreign national fiancé(e) and establish the below:
- The petitioning fiancé is a U.S. citizen.
- There is an intent to marry within 90 days of the foreign national fiancé(e) entering the United States.
- Both individuals are free to marry. Any previous marriages have been legally terminated (divorce, death, or annulment).
- The individuals met in person, at least once within the 2-year period prior to when the I-129F petition was filed. There may be an exception if it can be shown that it is a long-established cultural tradition not to meet or it would result in extreme hardship.
Once the I-129F petition is approved, the petition goes to the National Visa Center for processing of the K-1 visa. After the K-1 visa is issued, the foreign national fiancé can travel to the United States.
After the marriage takes place, the foreign national can apply for lawful permanent residence to live and work in the United States permanently.
CHILDREN OF FIANCÉ(E)S (K-2 VISA)
Unmarried children under 21 years of age may be able to enter the United States with the foreign national fiancé on a K-2 visa.