A K-1 visa is a type of non-immigrant visa issued by the United States for the purpose of allowing a foreign fiancé(e) of a U.S. citizen to enter the United States in order to marry their U.S. citizen sponsor. The K-1 visa is also known as the “Fiancé(e) Visa.”
Here’s how the K-1 visa process typically works:
- Petition: The U.S. citizen sponsor files a petition (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship with their foreign fiancé(e).
- Approval: Once USCIS approves the petition, it is then forwarded to the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
- Visa Application: The foreign fiancé(e) applies for the K-1 visa at the U.S. embassy or consulate in their home country. They must go through a visa interview, provide required documentation, and undergo a medical examination.
- Visa Issuance: If the visa is approved, the foreign fiancé(e) receives a K-1 visa sticker in their passport, allowing them to travel to the United States.
- Entry and Marriage: Upon arrival in the United States, the foreign fiancé(e) has a 90-day period during which they must marry the U.S. citizen sponsor. Failure to do so can result in the foreign fiancé(e) being required to leave the country.
- Adjustment of Status: After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder) in the United States.
It’s important to note that the K-1 visa is intended for individuals who plan to marry a U.S. citizen and then reside in the United States. It is not intended for those who simply want to enter the U.S. for other purposes, such as tourism or work. Additionally, both the U.S. citizen sponsor and the foreign fiancé(e) must meet certain eligibility requirements and provide evidence of a genuine and bona fide relationship.
Adjustment of Status for Fiancé(e)s
After a foreign fiancé(e) enters the United States on a K-1 visa and marries their U.S. citizen sponsor, they must apply for adjustment of status in order to become a lawful permanent resident (green card holder). Here are the key steps involved in the adjustment of status for K-1 visa holders:
File Form I-485: The foreign spouse must submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS). This form is used to request adjustment of status to that of a lawful permanent resident.
Supporting Documentation: Along with Form I-485, the applicant must provide supporting documentation, which typically includes:
- A copy of the K-1 visa approval notice (Form I-797);
- A copy of the marriage certificate to demonstrate that the marriage to the U.S. citizen sponsor has taken place;
- Passport-style photographs;
- Proof of identity;
- Evidence of lawful entry into the United States (typically the K-1 visa in the passport);
- Proof of any legal name changes, if applicable;
- Affidavit of Support (Form I-864) filed by the U.S. citizen sponsor, along with financial documentation to demonstrate that the sponsor meets the income requirements to support the foreign spouse;
- Medical examination results (typically done before entering the U.S. on the K-1 visa);
- Evidence of any prior immigration violations or criminal history, if applicable;
- Other required supporting documents.
Biometrics Appointment: After submitting Form I-485, the applicant will be scheduled for a biometrics appointment where their fingerprints, photograph, and signature will be collected for background checks.
Interview: In many cases, USCIS will schedule an interview with the foreign spouse to assess the validity of the marriage and the eligibility for adjustment of status. Both the U.S. citizen sponsor and the foreign spouse may be required to attend the interview and provide additional evidence of their bona fide relationship.
Conditional Residence: If the foreign spouse’s adjustment of status application is approved, they will initially receive a conditional green card valid for two years. To remove the conditions and obtain a permanent (10-year) green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window before the conditional green card expires.
Permanent Green Card: Upon approval of the Form I-751 petition, the foreign spouse will receive a permanent green card, granting them lawful permanent resident status in the United States.
