Immigration Services

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Fiancé/Wife Visa (Category K)

The K-1 visa (also known as the fiancé/wife visa) is a special visa that allows an unmarried spouse of a U.S. citizen to enter the U.S., marry a U.S. citizen within 90 days, and subsequently obtain a green card through adjustment of status.

[___Content overview]

  1. What is a K-1 visa?
  2. Advantages of the K-1 Visa
  3. K-1 Visa Application Requirements
  4. K-1 Visa Application Process
  5. Documents Required for K-1 Visa
  6. K-1 Visa Related Forms
  7. K-1 Visa Interview Frequently Asked Questions

I. What is a K-1 visa?

The K-1 visa allows an unmarried spouse of a U.S. citizen to enter the U.S., consummate the marriage within 90 days, and obtain a green card by filing Form I-485 Adjustment of Status.

  • Applicant (Petitioner): U.S. citizen fiancé/wife
  • Beneficiary: Foreign fiancé/fiancée with a K-1 visa

take note of: The K-1 visa application process is complex and requires strict fulfillment of requirements that may result in delays or denials.

II. Advantages of the K-1 Visa

1. Adjustment of status in the United States

  • Marriage to a U.S. citizen within 90 days of entry on a K-1 visa allows you to apply for a green card directly (without leaving the country).

2. Possibility of applying for a work permit

  • Once you have entered the country, you can submit Form I-765 to apply for a Worker's Card (valid until 90 days after you enter the country).
  • When an I-485 is filed after marriage, a worker's card can be reapplied for (usually valid for 2 years).

3. Accompanying children (K-2 visa)

Unmarried children under the age of 21 may enter the country with a K-2 visa and apply for a green card after marriage.

4. No I-130 relative immigration petition required

Get married directly through a K-1 visa entry, skipping the I-130 step for a regular marriage green card.

III. K-1 Visa Application Requirements

  1. Applicants must be U.S. citizens (green card holders are not eligible).
  2. Neither party has marital impediments (e.g., past marriages have been formally dissolved).
  3. Plan to get married within 90 days of entry (proof of intent to marry is required).
  4. Have met within the last 2 years (to prevent "mail-order bride" fraud).

* :: Exceptions ((May be exempt from meet and greet requirement):

  • Cultural practice restrictions (proof of religion or community is required).
  • Extreme difficulties (e.g., political unrest, health problems, etc.).

IV. K-1 Visa Application Process

  1. Meet K-1 visa requirements (e.g., dissolution of past marriages, meeting within 2 years).
  2. U.S. citizens submit Form I-129F (with proof of intent to marry, evidence of meeting, etc.).
  3. Beneficiaries submit Form DS-160 (Nonimmigrant Visa Application).
  4. Attend a K-1 visa interview (proof of relationship authenticity is required).
  5. Enter the U.S. on a K-1 visa (Customs may ask about the purpose of entry).
  6. Marry a U.S. citizen within 90 days.
  7. File Form I-485 Adjustment of Status (Application for Green Card).
  8. Attend a green card interview (to verify the authenticity of the marriage).

V. Documents required for K-1 visas

1. Phase I-129F:

  • Copy of U.S. Citizen Passport
  • Proof of termination of previous marriages (e.g. divorce decree)
  • Group photos of both parties, telephone records, evidence of joint travel (e.g., airline tickets, passport stamps)
  • Declaration of Intention to Marry (signed by both parties)
  • A letter from a friend or relative (confirming the authenticity of the relationship)

2. DS-160 and interview stage:

  • Passport, birth certificate, certificate of no criminal record
  • I-129F Notice of Approval (NOA2)
  • Documentation of financial sponsorship (e.g., Form I-134)
  • take note of: Non-English documents must be accompanied by a certified translation.

VI. K-1 Visa Related Forms

  • I-129F: Fiancé/Wife Petition (filed by a U.S. citizen).
  • DS-160: Nonimmigrant Visa Online Application Form (completed by the beneficiary).
  • I-485: Green Card Application for Adjustment of Status (filed after marriage).
  • I-765: Worker's Card Application (may be filed separately or concurrently with I-485).
  • G-28: Attorney Representation Form (to be completed if appointing an attorney).

VII. Frequently Asked Questions for K-1 Visa Interviews

About you:Name, date of birth, occupation? Have you ever traveled to the United States? Any criminal record?

About the fiancé/wife:What is the name, occupation and place of residence of the other party? Has the other party ever been married? Are there any children?

About your relationship:How do you know each other? Have they met? Proposal details? Wedding plans? How do you keep in touch on a daily basis (frequency of phone calls, texts)?

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