The U.S. K-1 visa (fiancé(e) visa) : Thorough explanation
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K-1 visa(fiancé(e) visa)
K-1 visa is subjected to the foreigner who is engaged to a U.S. citizen and wishes to live in the U.S after marriage. The system is only available to U.S. citizen to petition for a K-1 visa for his/her foreign fiancé(e). Marriage with fiancé(e) within 90 days of arrival to the U.S. is a prerequisite when apply for the visa. The K-1 visa allows you to enter the U.S. but if the fact of marriage is not recognized within 90 days, you will be requested for deportation. K-1 visa expires 90 days after acquisition and no extensions is granted for any reasons.
In order for foreign fiancé(e) to enter the U.S. with K-1 visa, the U.S. citizen applicant must meet the following requirements.
- Proof of U.S. Citizenship
- Proof of face-to-face meeting with fiancé(e) within the past 2 years
- The relationship is legally marriageable
- Intention to marry within 90 days of the fiancé(e)’s entry into the country
You will also be required to complete and submit a Resident Registration I-129 (petition) for your foreign fiancé(e). When submitting the petition, you must also provide specific proof of the above (photo, letter, letter from a mutual acquaintance, etc.).
Proof of U.S. citizenship
A copy of birth certificate is accepted as proof of citizenship if an U.S. citizen was born in the U.S. It contains the state of birth or a valid U.S. passport information. If you have naturalized as a U.S. citizen, attach one of a copies of your Certificate of Naturalization, Certificate of Citizenship, or valid U.S. passport to your Form I-129F.
Proof of face-to-face meeting with fiancé(e) within the past 2 years
A photograph that conveys the intimacy between two people is solid proof of the fact that they have met in person. Photo should be as close as possible and images taken within the last two years should be provided. For digital data, please attach a printout of the photo.
The relationship is legally marriageable
U.S. citizen and foreign fiancé(e) must have documentation showing that they are in a legally marriageable relationship. If either party has been divorced in the past, he/she would be asked to submit a copy of his/her family register or divorce decree document to show that the marriage is possible. If the language of the document is not in English, please attach a translation in English and a certificate from a translator.
In addition, if either of you has a deceased former spouse, a death certificate must be submitted to USCIS (U.S. Citizenship and Immigration Services).
Intention to marry within 90 days of the fiancé(e)’s entry into the country
Although the K-1 visa is valid for 6 months from the date of entry into the U.S., the couple must be married there within 90 days. Wedding planning documents and documents reserving a wedding venue are recommended to be submitted as they will be accepted as documents indicating the upcoming marriage.
Also a letter of attestation of their intimate relationship, written by a mutual acquaintance or friend, is also acceptable as a valid document indicating their intention to get married.
Foreign fiancé(e) who are admitted to the U.S. on a K-1 visa may apply for a U.S. permanent residence (green card) by submitting an “I-485” in conjunction with their marriage. For more information on K-1 visa application, please visit the U.S. Department of State’s K-1 visa page.
UPDATE : 2024/07/12
