It is not uncommon for those in the military to fall in love when they are abroad. If this is the case, you may want to find a way for your significant other to become a US citizen. In this article, we will discuss what a K-1 fiancé visa is, how you can get it, and who is eligible to obtain US citizenship through this method.
What Is a K-1 Fiance Visa?
A K-1 visa is a type of visa used by Americans who have a significant other who lives outside of the United States. The visa is issued to the fiancé or fiancée of the American citizen and allows them to travel to the US for 90 days to marry or immigrate.
If your fiancé has children under the age of 21, they may also be eligible to immigrate to the US. When the two of you have married, your partner can then file an adjustment of status so they can access a green card and become a lawful permanent resident.
The K-1 visa was originally established as a direct result of when the US was involved in Vietnam. It caters primarily to military personnel who have already established a relationship with somebody who lives outside of the US.
However, it’s essential to understand that a K-1 fiancé visa is not only used by military personnel. This is a very common visa any foreigner can obtain if they want to marry a US citizen and ultimately become a citizen themselves.
Who Is Eligible
Whenever you are considering anything involving visas, it is crucial that you understand eligibility. Regarding a K-1 fiancé visa, both parties have to meet specific requirements for a K-1 visa to be issued. Here are some examples of the requirements for the foreign citizen:
- They must live outside of the United States.
- They have to be free and legally able to marry their partner.
- The foreign citizen must have a clean criminal record.
- They have to be able to produce documents such as passports, birth certificates, military records, and police certificates.
Requirements for the United States citizen or sponsor include:
- They must be free and legally able to marry the foreign citizen.
- They should be able to financially support themselves and their partner once they are in the US.
- Be able to prove that they are a US citizen by birth or naturalization.
Aside from these individual requirements, both parties must also prove that they have met in person in the previous two years before applying. This can be proven through photographs, messages, travel tickets, or receipts.
The goal of a K-1 visa is for the couple to ultimately marry in the United States. This has to take place within 90 days of the foreign citizen’s arrival; otherwise, they will have to go back home after 90 days. If a couple does get married, the foreign citizen will be able to obtain a green card to stay in the US.
If your situation is more complex and you worry about getting a K-1 visa approved, you may want to consider hiring an immigration attorney.
Applying For a K-1 Fiance Visa
As far as visas go, applying for a K-1 visa is as simple as it gets. There are only a few steps you need to follow and some simple documentation that you must provide.
If you wish to expedite a K-1 fiancé visa application, active duty members with orders to employ may be eligible for this option. You will have to provide a copy of your orders with a request to expedite, which may help the process move faster.
You will need to be prepared to pay a mandatory $800 fee for the visa application, along with any other additional costs, depending on your situation. Later on, when your partner qualifies for a green card, this will cost $2025.
File Form I-129F and DS-160
You need to file an I-129F form to prove your relationship is legitimate. This form will require supporting documents verifying your identity and intention to marry your fiancé.
Once this form has been approved, you will need to fill out a DS-160 form online, which is a nonimmigrant visa application.
Attend a Visa Interview
After your forms have been approved, you will receive a day and location for a scheduled visa interview at the US consulate or embassy. Your foreign fiancé will have to attend the interview and pay the visa fee at that time. Simple questions will be asked regarding your relationship, such as how long you have known each other since you began dating, specific wedding plans, and details about your US fiancé.
Usually, a decision to approve or deny the foreign citizen will be made on the same day.
Come to the United States
Once your K-1 visa application has been officially approved, your fiancé will get their US visa in the mail. They shouldn’t open this packet as it could hinder their ability to enter the US.
Your foreign fiancée must also enter the US within four months of receiving the visa approval.
It’s important to remember that K-1 visas have certain limitations. A foreign citizen can begin working in the US if they have this visa but have not yet established permanent residency. They must apply for work authorization by filling out form I-765 to do this.
Alternatives to a K-1 Fiance Visa
Military personnel sometimes marry outside the US and want to bring their new partner into the US to become a legal citizen. If this is the case, a K-1 visa isn’t always the best option; instead, you should choose a CR-1 spouse visa.
A CR-1 spouse visa allows your partner to travel to the US and receive permanent residency through a green card. The end result is the same as a K-1 visa, but the process is simpler since you are already legally married.
Contact a Qualified Immigration Attorney Today
Are you ready to get started on the process of applying for a K-1 fiancée visa? Contact us a day at US Immigration Law Counsel by filling out our online form or calling us directly at 800-666-4996. Our immigration lawyers deal with the government, so you don’t have to!
