The K-1 fiancé visa allows a foreign national to enter the US for up to 90 days for the purpose of marrying a US citizen. In order to qualify for a fiancé visa, the foreign boyfriend or girlfriend must intend to marry the US citizen within 90 days of arrival. The couple must have met within the two years prior to the fiancé visa application, unless waived by immigration officials due to custom or hardship. Finally, both parties must be eligible to marry by meeting the age requirements and showing proof that any former marriages ended in divorce, annulment or death. Note: during the consular processing portion of the fiancé visa process, the consulate may require the US citizen fiancé(e)to file evidence of his or her ability to support the foreign national on form I-134. Many consulates require the petitioner to have income at or above the poverty level. An immigration attorney can help evaluate your eligibility for sponsoring a foreign fiancé.
Is my foreign-born fiancé eligible for a K-1 visa?
- The petitioner must be a U.S. citizen
- The U.S. citizen and foreign fiancée must have met in person within the last two years
- Both the U.S. citizen or foreign fiancé must be free to marry
- The U.S. citizen and foreign fiancé must intend to marry within 90 days of the fiancé’s entry into the U.S
Frequently Asked Questions
Can my fiancé(e) work on a K-1 visa?
Yes. After being admitted into the U.S., a foreign fiancé(e) 0f a U.S. citizen may immediately apply for employment authorization using Form I-765. The employment authorization, however, would only be valid for 90 days while the marriage is performed. Once married, you may extend the employment authorization by filing a new Form I-765 with the Form I-485, Application to Adjust Status.
What happens after I file the petition for my fiancé(e)?
If the petition for your fiancé(e) is approved and a visa is granted, the fiancé(e) will be admitted into the U.S. for 90 days, the time frame in which the marriage must be performed. Once married, the fiancé(e) may file a Form I-485, Application to Adjust Status. Consult with one of our attorneys and refer to the Adjustment of Status section for further requirements for Adjustment of Status.
After the visa is granted, how much time do my fiancée and I have to marry?
A foreign fiancé(e) who arrives in the U.S. on a K-1 visa, must marry the U.S. citizen fiancé(e) within 90 days of arriving. If the marriage is not performed within 90 days, the fiancé(e)’s status expires and the fiancée should leave the United States after the 90 days.
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Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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