Obtaining a K-1 Fiancé Visa

Getting a visa for your fiancé(e) or his or her children can see like an overwhelming process, but knowing the basics is a great first step. Learn more about K-1 visas below and let DURRANI LAW FIRM answer any further questions you have.

Does my fiancé need a visa to enter the United States?

Yes. If he or she is not a citizen of the U.S. and you plan to marry here, you must file a Form I-129 (Petition for Alien Fiancé) with the USCIS on his or her behalf. After that petition is approved, your fiancé must obtain a K-1 visa at the U.S. Embassy or consulate abroad.

For how long is his or her K-1 visa valid?

Once your fiancé(e) receives his or her K-1 visa, he or she has six months to come to the United States. Upon her arrival in the country, you must get married within 90 days. After that 90-day period, the visa expires. If you do not do so or if he or she marries someone else (in other words, a U.S. citizen who did not file the Form I-129 on her behalf), your fiancé will have to leave the country.

Until the marriage takes place, your fiancé(e) is considered a nonimmigrant who entered the country temporarily for a specific purpose. He or she may not obtain an extension of the original 90-day admission period.

My fiancé(e) has two small children. How can I bring them to the United States?

Your fiancé(e)'s children are eligible for K-2 visas (intended specifically for unmarried children under 21-year-old whose parents have K-1 visas). The same restrictions and privileges that apply to the K-1 visa are followed under K-2 visas.

What are the requirements for obtaining a K-1 fiancé visa?

To get a K-1 visa for your fiancé(e), you must be a United States citizen. You and your fiancé(e) must both either be unmarried or show that any previous marriages ended in divorce, annulment or death. You must have met your fiancé(e) in person within the last two years before filing for the K-1 visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs or a meeting would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of his or her entering the United States.

My fiancée intends to live permanently in the U.S. after we marry. What process must she follow to do so?

To live and work permanently in the United States, your fiancée should apply to become a permanent resident after your marriage. If she had no intention of staying living here, she would have to leave before her 90-day visa expired. After applying for family-based permanent residency, your fiancée will be granted conditional permanent residence status for two years if your marriage is less than two years old when she files to adjust her status to that of permanent resident.

Can my fiancé obtain a work permit before she becomes a permanent resident?

Yes. After arriving in the U.S., your fiancé will be eligible to apply for a work permit. He can file a Form I-765 (Application for Employment Authorization) to do so. If and when your fiancé applies for adjustment to permanent resident status, he must re-apply for a new work permit after the marriage.

The K-1 visa process can be long and frustrating without the right help. Contact an attorney at DURRANI LAW FIRM by phone (866-DURRANI) or by email.