US K-1 fiancé(e) visa

Who it is for

The K-1 visa is for a foreign national who is engaged to a US citizen and plans to marry that citizen in the United States. It is designed for couples who intend to build their life together in the US rather than for a temporary visit.

It is not available where the petitioner is a lawful permanent resident (green card holder) rather than a US citizen. Couples who are already married generally use a spouse immigrant visa or other spousal routes instead of the K-1.

Eligibility requirements

• The petitioner must be a US citizen.
• Both partners must be legally free to marry, meaning any previous marriages have been legally ended.
• The couple must intend to marry within 90 days of the fiancé(e)'s admission to the United States.
• The couple must generally have met in person within the two years before the petition is filed, unless a waiver applies.
• The applicant must be otherwise admissible to the United States under US immigration law.

How to apply

The process runs in stages, starting in the US and finishing at a consulate abroad.

• The US citizen files Form I-129F, Petition for Alien Fiancé(e), with USCIS.
• USCIS reviews the petition and, if approved, forwards it to the Department of State's National Visa Center.
• The case is sent to the US embassy or consulate handling the fiancé(e)'s application.
• The fiancé(e) completes the online nonimmigrant visa application (DS-160), pays the visa fee, and gathers required documents.
• The fiancé(e) attends a visa interview, including a required medical examination.
• If issued, the fiancé(e) travels to the US and must marry the petitioner within 90 days.

After you marry: adjusting status

The K-1 visa allows a single entry and a 90-day stay for the purpose of marrying the petitioner. After the marriage takes place, the foreign spouse applies to adjust status to lawful permanent resident by filing Form I-485 with USCIS.

Because the initial green card is based on a recent marriage, it is normally granted on a conditional basis, and the couple must later apply to remove those conditions to obtain permanent status. If the couple does not marry within 90 days, the K-1 status cannot be extended and the fiancé(e) is expected to leave the United States.

Bringing children (K-2)

Unmarried children under 21 of the K-1 fiancé(e) may qualify for K-2 visas based on the same approved I-129F petition. The children must be listed on the petition. K-2 children can generally travel with or follow the K-1 parent and later apply to adjust status alongside the parent once the marriage has taken place.