Spending time apart from the person you love is difficult. You have found the love of your life, want to live together and enter the United States, but your fiance is not a US citizen.
If you want to be together with your fiance in the United States you can initiate the K-1 visa process.
Who Qualifies or is Eligible for the K-1 Visa for the US?
The K-1 fiance visa is a non-immigrant visa (temporary visa) for individuals or family members who wish to enter the US with the intent of marrying a US citizen.
To be eligible for the K-1 visa, applicants should intend on being married within 90 days of the applicant’s arrival into the United States and the US citizen must have been legally free to marry prior to applying and must continue to remain so thereafter.
The US Citizen must have met in person with the person they wish to sponsor within the past two years. An exemption can be granted based on extreme hardship for the US citizen sponsor to personally have met the foreign-citizen fiance(e).
An exemption may also be available if it is against the applicant or US citizen’s culture for a man and woman to meet before the marriage takes place.
What is the K-1 Visa?
The K-1 visa is a non-immigrant visa for foreign nationals who are engaged to be married to a citizen of the United States. Eligible children of K-1 applicants receive K-2 visas to accompany the applicant to the US.
What is the Processing Time for the K-1 Visa?
Processing times for fiance visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of non-immigrant visa
- Fiance visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the K-1 Visa Application
While there are many reasons why your K-1 application could be refused, we have listed the top ten most common ones here:
- Current and or past immigration status and history for the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicious of malicious intent
- Problems with background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
The K-1 - Fiance Visa » Other FAQs (Frequently Asked Questions)
What is the difference between a K-1 and K-3 visa?
The K-1 visa is for an individual who is not yet married and is the fiance of a US citizen.
The K-3 visa is for an individual (spouse) who is married to a US citizen. You can enter the US once on a K-1 visa and multiple times on a K-3 visa.
The K-1 visa is for fiancees entering the US and planning to marry a US citizen within a 90-day period and the K-3 visa is for an individual who is already married to a US citizen (a spouse).
Do you need to be engaged for a K-1 visa?
Not necessarily, but you must plan on marrying a US citizen in order to enter the United States and you must agree to marrying no more than 90 days after you enter the US. The newly married spouse can then apply for permanent residence (a green card) based on marriage.
Is the fiance visa guaranteed?
No, the fiance visa is not guaranteed. To help increase your chances of getting the K-1, you should ensure that you meet eligibility requirements.
Can my fiance work on a K-1 visa?
If your fiance applies for and receives a work permit within their 90-day stay in the US, your fiance may be able to work; however, obtaining a work permit, known as an Employment Authorization Document (EAD), within 90 days is highly unlikely.
Can I visit the US while waiting for my K-1 visa?
You cannot live in the US while waiting for your K-1 visa, but you can apply for a B-2 temporary tourist visa or apply to the Visa Waiver Program and visit the US.
Why Contact My Visa Source for an Assessment?
Congratulations on taking your first step toward visiting the United States.
The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you apply for a K-1 visa.
My Visa Source’s immigration lawyers dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for the United States and Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
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