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The K-1 visa allows the fiancés of American citizens to enter the US and get married within 90 days. It's the fastest option for couples who can't or don't want to get married before coming to the States.
What Exactly is a K-1 Fiancé Visa?
The K-1 visa is a temporary 90-day visa that allows the fiancé of an American citizen to enter the United States to get married. Once you arrive on the K-1, you must marry your spouse within 90 days - the visa can't be extended if you don't make the deadline.
After your wedding, you can apply to adjust your status and receive a two-year conditional green card. This allows you to live and work in the US while remaining married to your spouse. To get a 10-year green card, you'll have to later apply to remove the conditions.
To qualify for a K-1 fiancé visa, you must meet a few baseline eligibility requirements:
Your fiancé must be an American citizen, not just a green card holder. They'll be your visa sponsor and must petition for you.
This means you are unmarried, of legal age, and not closely related to your fiancé. You'll have to follow the marriage laws of the state where you plan to wed.
US immigration wants proof your relationship is real. Meet-ups can be brief - even a short vacation together can qualify.
The K-1 is expressly for marrying quickly after entering the country. Make flexible wedding plans in case of delays.
They'll have to show they can financially support you at 125% above the US poverty line. Therefore, you may need to grow your business if you are heavily invested in it. However, as long as you meet these five requirements, you can move forward with the K-1 visa process. Let's look at the step-by-step procedure and how long it takes.
Obtaining a K-1 visa involves multiple steps, forms, fees, and waiting periods. Here are the key phases:
The first step is for your American partner to file a visa petition on your behalf using Form I-129F. This involves submitting:
Over 75% of I-129F petitions get approved, but the process takes 6-12 months right now.
Once the I-129F is approved, it's your turn to apply for the visa. You'll fill out the DS-160 form and schedule a K-1 visa interview at your nearest US embassy. You'll also need to complete a medical exam and gather supporting documents. The visa process usually takes 1-3 months.
If approved after the interview, your passport will be stamped with a K-1 visa within 2-4 weeks. You then have 6 months to enter the US and get married.
Once you arrive in the US, you and your fiancé must wed within 90 days. After tying the knot, you can apply to adjust your status and receive a conditional green card. The entire K-1 visa process takes around 8-16 months from start to finish. It's a lengthy procedure, so make sure you're prepared!
Marrying your fiancé within 90 days of entering the K-1 is just the first step. Pretty soon you could be looking for tips for running a business with your spouse. Here's how to transition from a temporary visa holder to a conditional permanent resident with a green card:
After your wedding, you must file Form I-485 to adjust your status to a conditional green card holder. This application will include:
You'll get a notice to visit an application support centre for fingerprints, photos, and a signature. This is part of the background check process.
You and your spouse will be interviewed at your local USCIS office. They want to confirm details about your relationship and marriage.
If approved, you'll be issued a conditional green card valid for two years. You can live and work in the US but must wait to travel. The green card process after a K-1 marriage takes around 6-12 months in total.
To upgrade your conditional green card to a permanent 10-year one, you'll have to file Form I-751 within 90 days before your 2-year card expires.
This petition removes the conditions and proves your marriage is authentic. You'll submit evidence like:
If approved, the conditions will be lifted and you'll finally have a decade-long green card and a path to US citizenship.
Between processing times and mandatory waiting periods, the K-1 visa timeline can be lengthy. Here are the approximate durations:
The total timeline is around 15-24 months from start to finish. Delays or issues can make it take longer. Check USCIS processing times for updates. While long, this path is faster than alternatives like spousal visas which require marrying first. The K-1 lets you come sooner to wed stateside.
Despite your best efforts, your K-1 application may get denied at some stage for reasons like insufficient evidence, changes in eligibility, or background check issues.
If this happens, here are some options:
Having an experienced legal advisor in your corner is crucial if you face visa denial. Don't lose hope - rejection isn't necessarily the end if you have a strong case.
The K-1 fiancé visa provides a pathway for engaged couples to get married in the United States within 90 days. It involves a detailed application process, strict eligibility criteria, and waiting periods of around 12-16+ months. You'll need to prove you have a genuine relationship and meet all the legal requirements.
Once you arrive and tie the knot, you can apply to adjust your status from a K-1 holder to a conditional green card recipient. After two years, and proving your marriage is real, you can remove the conditions and remain in the US.
