K1 Visa Basics

1.

What is K-1 fiancee visa?

The K-1 fiancee visa is a nonimmigrant visa which allows the fiance or fiancée of a U.S. citizen to enter into the U.S. and get married to the U.S. citizen.

2.

Who is eligible for K1 visa?

As a fiance or fiancee of a U.S. citizen you are eligible if you are:

3.

What are the limitations of K1 visa?

On K-1 visa, you may not:

4.

How long can I stay in the U.S. on K-1 visa?

5.

What are the K-1 fiance visa processing times?

The K-1 fiance visa processing times vary with each individual’s circumstances. Under normal circumstances, it takes around 3 to 5 months at the USCIS plus 2 to 3 months at the Consulates to process the visa.

6.

How do I apply for K-1 visa?

To apply for a K-1 visa, a petition must be submitted by your U.S. citizen fiancé or fiance to the USCIS along with a:

Note: When the USCIS approves the petition, it sends the petition to the Consulate abroad to the nation concerned, which will issue the K-1 visa. The consulate determines whether the foreign fiance would be eligible to receive an immigrant visa, before approving the K-1 visa

7.

As a U.S. citizen what additional information do I need to know about K-1 visa?

You must keep in mind that:

8.

Can I transfer my citizenship to my spouse?

No, as a U.S. citizen you may not transfer your citizenship to your spouse. If your spouse wishes to relocate with you to the U.S., your spouse will require an immigrant visa. A Lawful Permanent Resident who is married to a U.S. citizen may apply to become a naturalized U.S. citizen after three years residence in the U.S.

9.

My American citizen fiance is sponsoring me for immigration, does it matter where we get married?

If you wish to marry in the U.S. and take up indefinite residence after marriage, you require a fiancee visa. If you wish to marry outside the U.S. and travel to the U.S. to take up residence, you will require an immigrant visa.

10.

Which is quicker to process, an immigrant or a fiancee visa?

The time taken for the K1 fiance visa process varies with each individual case. However, in general, a fiance visa application may be slightly quicker than an application for an immigrant visa, as immigrant visa petitions are taking longer to be processed and approved by the USCIS in the U.S. If the time factor is of importance, you should contact the USCIS office where you will file the petition to ascertain processing times before deciding on applying for a fiance or immigrant visa.

11.

What is the process to have the conditional resident status for my spouse removed?

You are required to file a petition with the USCIS to have the conditional resident status removed. The petition must be filed 90 days before the second anniversary of your spouse being admitted into the U.S on an immigrant visa, or adjusting status on marriage, if your spouse entered on a fiance visa.

12.

I will not marry within 90 days of my fiance’s arrival in the U.S. Can we still apply for a fiance visa?

No, if the marriage will not take place within 90 days your fiance’s arrival in the U.S., it will not be possible to process an application for a fiance visa. An immigrant visa will be required. Visa free travel under the Visa Waiver Program or a nonimmigrant visitor or work visa is not appropriate.

13.

Can we apply for K-1 visa while my fiancee is in the U.S.?

No, you must apply for US fiance visa at a U.S. Embassy or Consulate outside the U.S. as you are required to enter the U.S. on the visa.

14.

If I cannot sponsor my fiance how can my fiance reside with me in the U.S?

Your fiance will be required to qualify for a visa either in one of the employment based preference categories, or through the Diversity Visa Program commonly known as the Green Card Lottery.

15.

Can my fiance or fiancee work in the U.S. before we marry?

The USCIS may grant permission for your fiance to take up employment in the U.S. before the marriage takes place. To obtain Employment Authorization your fiance will need to file Form I-765, Application for Employment Authorization, with the USCIS Service Center which covers your fiance’s place of residence in the U.S after your fiance’s arrival there.

16.

Can I apply for a fiance visa if my fiance is still married?

The fiance visa petition cannot be filed until you are both legally free to marry. Therefore, you will be required to wait until your fiance’s divorce is finalized. However, it is possible to begin the administrative processing of your application. If you have not already returned the completed visa application forms to the Immigrant Visa Unit, you may wish to do so in order for them to begin the processing of your application.

17.

We only wish to travel to the U.S. to marry. We will return to our home country after the marriage. Do we still need a fiance visa?

If you are traveling to the U.S. to marry a U.S. citizen with the intention of returning to your place of permanent residence abroad, you may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an officer of the USCIS at the port of entry.

18.

Can I enter the U.S. on a fiancee visa, marry and then leave the U.S for my honeymoon?

On marriage, you must contact the USCIS for further information. If you leave the U.S. without obtaining USCIS permission to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by three to six months.

19.

Can I travel to the U.S. while my application for an immigrant or fiance visa is being processed?

No, if you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiance visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiance visa. When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the USCIS inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the U.S.

20.

Can I change to K-1 status while I am in the U.S.?

No, you may not change status to K-1 while you are in the U.S. The K-1 visa is solely available to finace’s of U.S. citizen’s outside the U.S. to enter into the U.S. and marry the U.S. citizen.