K - 1 Visa

The K-1 is a nonimmigrant visa that allows a U.S. citizen's fiancée to come to the United States, marry their U.S. citizen fiancé(e), and live in the United States. The K-1 nonimmigrant visa is also known as a fiancé(e) visa. A fiancé(e) can come to the United States with this visa. This way, they can get married in the United States. K-1 visa holders can apply for permanent residency after marriage so that they can stay in the United States.

The fiancé(e) may apply for a work permit as soon as he or she enters the United States on a K-1 nonimmigrant visa.

If a K-1 visa holder has unmarried children under the age of 21, she or he may also come under a K-2 visa. Once fiances get married, children may also apply for an adjustment of status to get a green card as well.

Requirements

US citizen

The petitioner must be a U.S citizen. Lawful permanent residents in the United States who have green cards can't apply for a K1 visa on their own.

Marriage within 90 days

In order to obtain a K-1 fiancé(e) visa, a US citizen and his or her fiancé(e) must intend to marry each other within 90 days of the fiancé(e) entering the U.S as a K-1 nonimmigrant.

Free to marry

Both sides must be legally free to marry. This means any previous marriages must have been legally broken up (e.g. by divorce, death, or annulment).

Physical meeting 

The petitioner must show that they had at least one face-to-face meeting during the two-year period before the filing of the petition. 

There are two exceptional conditions for this requirement:

  • If the requirement to meet the fiancé(e) in person would violate strict and long-established customs of their or the fiancé(e)’s foreign culture or social practice.

  • If they prove that the requirement to personally meet the fiancé(e) would result in extreme hardship such as medical issues, political conditions, etc.