What is a Fiancee (K-1) Visa?

Written By: Matthew W. Peterson

Published: 03/09/2018

Share Us:

Understanding the Fiance Visa (K-1 Visa)

A fiance visa, also known as a K-1 visa, permits your fiancé(e) to enter the United States for the purpose of marriage. Following the wedding, they can typically apply to adjust their status to obtain a green card.

Additionally, there is the K-3 visa, which allows a spouse to enter the U.S. to seek permanent residency. However, this particular visa will not be discussed here.

Requirements for a K-1 or Fiance Visa

To qualify for a K-1 or fiance visa, the following criteria must be met:

U.S. Citizenship: The petitioner must be a U.S. citizen.
Marriage Intent: There must be a genuine intention to marry within 90 days of entry.
Eligibility: Both parties must be legally eligible to marry, meaning any previous marriages have been legally dissolved.
Meeting Requirement: You and your fiancé(e) must have met in person at least once within the two years prior to filing. This requirement can be waived under certain circumstances, such as cultural practices or undue hardship for the U.S. citizen.

Advantages of a K-1 or Fiance Visa

The K-1 visa offers several benefits:

Legal Entry for Marriage: It allows your fiancé(e) to enter the U.S. specifically for marriage, reducing the risk of accusations of fraudulent entry that can arise from using other types of visas, such as tourist visas.
Avoiding Visa Complications: Entering on a different visa type may lead to complications if you marry while in the U.S., as it could imply that you never intended to leave when your visa expired.

Navigating the complexities of obtaining a fiancé or K-1 visa can be overwhelming. It is crucial to have an experienced immigration attorney by your side to facilitate the process and ensure everything proceeds smoothly.

At the Law Office of Matthew Peterson, we specialize in immigration matters and are dedicated to providing personalized guidance throughout your journey. Contact us today for expert assistance tailored to your unique situation.

Frequently Asked Questions (FAQs)

1. How long does the K-1 visa process take?

The processing time for a K-1 visa can vary, but it typically takes several months. Factors such as the service center processing your application and any additional documentation required can influence the timeline. It’s advisable to start the process as early as possible.

2. Can my fiancé(e) work in the U.S. on a K-1 visa?

Yes, once your fiancé(e) arrives in the U.S. on a K-1 visa, they can apply for work authorization. This allows them to legally work while you both prepare for your wedding and subsequent adjustment of status.

3. What happens if we do not get married within 90 days?

If you do not marry within the 90-day period specified by the K-1 visa, your fiancé(e) must leave the United States. Failing to marry may lead to complications with future immigration applications and could affect their ability to return to the U.S.

4. Can I bring my children on a K-1 visa?

The K-1 visa is specifically for your fiancé(e), but if you have children from a previous relationship, they can apply for K-2 visas to accompany your fiancé(e). However, this requires separate applications for each child.

5. What should I do if my K-1 visa application is denied?

If your K-1 visa application is denied, it’s essential to understand the reasons behind the denial. You may have options to appeal the decision or reapply, depending on the circumstances. Consulting with an experienced immigration attorney at the Law Office of Matthew Peterson can help clarify your next steps and improve your chances of success in future applications.