Nonimmigrant Visa for a Fiance(e) (K-1)

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Nonimmigrant Visa for a Fiance(e) (K-1)

What Is a “Fiancé”?

How Does a Fiancé Visa Work?

Filing the Petition

What Should I Know about International Marriage Broker Regulation Act (IMBRA)?

Extending the Petition

A Fiancé Is Also an Immigrant

Applying for a Visa

Fees - How Much Does It Cost?

Vaccination Requirements

What Must Happen After Getting the Fiancé(e) Visa?

Can a K-1 Visa Holder Leave the United States?

Can a K-1 Visa Holder Work in the United States?

Children Have Derivative Status

How Long Does It Take?

What If the Applicant Is Ineligible for a Visa?

How Do I Find the Regulations on the K-1 Visa?

How to Apply for a Social Security Number Card

What Is a “Fiancé(e)”?

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a "fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

How Does a Fiancé(e) Visa Work?

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

Filing the Petition

You must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.

After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).

What Should I Know about International Marriage Broker Regulation Act (IMBRA)?

Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiancé(e) instructions.

Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

Applying for a Visa

The consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. The following is required:

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.

Birth certificate

Divorce or death certificate of any previous spouse for both the applicant and the petitioner

Police certificate from all places lived since age 16

Medical examination (vaccinations are optional, see below)

Evidence of financial support (Form I-134, Affidavit of Support may be requested.)

Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)

One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K

Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)

Evidence of a fiancé relationship

Payment of fees, as explained below.

The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.

Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.

Fees - How Much Does It Cost?

Fees are charged for the following services:

Filing an Alien Fiancé(e) Petition, Form I-129F

Nonimmigrant visa application processing fee

Medical examination (costs vary from post to post)

Fingerprinting fees, if required

Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.

Filing Form I-485 Application to Register Permanent Residence or to Adjust Status

For current fees for Department of State, government services select Fees.

Vaccination Requirements

All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:

Mumps

Measles

Rubella

Polio

Tetanus and diptheria toxoids

Pertussis

Influenza type B

Hepatitis B

Varicella

Pneumococcal

As a fiancé(e), you are not required to fulfill this requirement at the time of your medical examination for a fiancé(e) visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.

What Must Happen After Getting the Fiancé(e) Visa?

After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States.

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)?

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

How Long Does It Take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Trafficking in Drugs

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

How Do I Find the Regulations on the K-1 Visa?

To read relevant information regarding Department of State regulations on the K-1 fiancé(e) visas select Foreign Affairs Manual (FAM).

How to Apply for a Social Security Number Card

After your fiancé(e) has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area. To learn about how-to-apply, visit the website for the Social Security Administration.

Further Visa Inquiries

Questions on visa application procedures and visa ineligibilities should be addressed to the American consular office abroad by the applicant.

General Visa Questions

Notice: Before submitting your inquiry, we request that you carefully review this web site. Very often you will find the information you need. Often, the answers to questions are easily found on the internet, and this impacts our ability to help other persons in need of assistance. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry.

If your inquiry concerns a visa case in progress overseas, you should first contact the U.S Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate internet site you need to contact.

If you find that you need to submit an inquiry, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) General visa questions may be directed via e-mail to the State Department by clicking here.

July 2006

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