(K) FIANCÉ OR SPOUSE OF A U.S. CITIZEN

Fiancé(e) to marry U.S. Citizen & live in U.S.

If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to the laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.

The International Marriage Broker Regulation Act of 2005 (IMBRA)

Detailed information about IMBRA requirements is contained in Form I-129F, Petition for Alien Fiancé(e), instructions:

*The First Step: Filing the Petition

You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. Further information is available on the USCIS website under Fiancé(e) Visas. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.

After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.

*The Second Step: Applying for a Visa

The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.

Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Required Documentation:

*You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

*Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview. 

*A passport valid for travel to the United States and with a validity date of at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).

*Birth certificate.

*Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor

*Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)

*Medical examination (vaccinations are optional)

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

*Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements

*Evidence of relationship with your U.S. citizen fiancé(e)

Payment of fees, as explained below

Note: The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

 

Review Additional U.S. Embassy/Consulate-Specific Instructions:

There may be additional instructions for collecting documentation needed for your K visa interview.

Review U.S. Embassy/Consulate-Specific Instructions here, to learn what additional requirements there are, if any.

*Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians.  Although such vaccinations are not required for K visa issuance, they will be required when adjusting your status to that of a legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.

*Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

*The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

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

Rights and Protections - Pamphlet

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and the protection available to you.

The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé(e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.