This visa is only valid for a limited period of time, during which the marriage must occur.
The K-1 Visa is normally valid for a period of three (3) months. There is no extension of stay allowed. K-1 petition is automatically terminated when the Petitioner dies or voluntarily withdraws the petition.
There are several requirements for K-1 visa:
- You must be a U.S. citizen.
- You have met your Fiancé(e) in person within the previous two years.
- Both you and your Fiancé(e) are legally free to marry.
- You meet certain minimum income requirement*.
- Your Fiancé(e) does not have a criminal record.
- Your Fiancé(e) has not violated U.S. immigration laws
There is a near 100% chance you will be required to show 125% of the poverty level for your household including your Fiancé(e) and any children. If you do not meet these requirements, you will need a co-sponsor who does meet the guidelines. The co-sponsor also needs to fill out an Affidavit of Support (Form I-134) for your Fiancé(e).
The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your Fiancé(e) marries someone other than you (the U.S. citizen filing BCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your Fiancé(e) is considered a nonimmigrant.
A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A Fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
We will provide you with a list of the supporting evidence, which we require. These documents will include evidence that the two of you met in person in the past two years. Airplane tickets and pictures of you together are commonly submitted pieces of evidence.
There are four regional service centers, Vermont, Nebraska, Texas and California. Each Service Center requires a different length of time to complete processing of the petition. We have no control over which regional service center has jurisdiction over your petition and cannot "speed up" the processing of your petition once we send it to the USCIS.
After the petition is approved, your Fiancé must attend an interview at the American Consulate with jurisdiction over Fiancée Visa issuance for citizens of her home country. As soon as the petition is approved, your Fiancé will arrange an interview with the American Consulate where she lives. The interviewer will ask your Fiancé questions about her background, you and the petition. After the interview, the American Consulate will grant your Fiancé a Fiancé(e) Visa so the two of you can be united in the US.
After we unite you and your Fiancée in the United States you have 90 days to get married. If the two of you decide you don't want to spend the rest of your lives together, the Fiancée Visa holder must leave the US within 90 days of her entrance.
If you do marry within 90 days, you must petition to adjust your wife's status to Permanent Resident also known as a "green card" holder. This Permanent Resident status is conditional upon your marriage lasting at least two years.
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* Income Requirement:
There is a near 100% chance you will be required to show 125% of the poverty level for your household including your Fiancé(e) and any children. If you do not meet these requirements, you will need a co-sponsor who does meet the guidelines. The co-sponsor also needs to fill out an Affidavit of Support (Form I-134) for your Fiancé(e).
