The K-1 visa allows the fiancé(e) of a U.S. citizen to travel to the United States to get married and then apply for permanent residence. At Barba Inegol Law, we help international couples prepare strong and complete K-1 visa petitions.
The K-1 visa, also known as a fiancé(e) visa, is a nonimmigrant visa that allows the foreign fiancé(e) of a U.S. citizen to legally travel to the United States for the purpose of getting married. This process is designed to help international couples reunite and begin their life together in the United States.
A K-1 fiancé visa may only be petitioned by a U.S. citizen. Lawful permanent residents are not eligible to file a K-1 petition. In addition, the couple must demonstrate that they have a genuine relationship and a bona fide intention to marry.
To apply for a K-1 fiancé(e) visa, the couple must meet certain requirements established by U.S. immigration authorities.
The K-1 visa is not available to lawful permanent residents.
The couple must demonstrate that they plan to marry after the foreign fiancé(e) enters the United States.
If either person was previously married, they must provide evidence of divorce, annulment, or the death of the former spouse.
Evidence may include photographs together, travel records, messages, phone logs, correspondence, airline tickets, and other documents that help establish the authenticity of the relationship.
A K-1 visa may only be petitioned by a U.S. citizen who wishes to bring their foreign fiancé(e) to the United States for the purpose of marriage. Lawful permanent residents are not eligible to file a K-1 visa petition.
Yes. U.S. immigration law provides that only U.S. citizens may file a K-1 visa petition for a foreign fiancé(e). Permanent residents must explore other family-based immigration options.
Once the beneficiary enters the United States with a K-1 visa, the couple must marry within 90 days of entry. This period cannot be extended through another K-1 visa.
Yes, but employment authorization is generally required. Many individuals choose to apply for a work permit at the same time they file for Adjustment of Status after marriage.
If the marriage does not take place within the 90-day period, the beneficiary may lose immigration status and could be required to leave the United States. Every situation is unique, so legal guidance is recommended if unexpected circumstances arise.
Yes. Unmarried children under the age of 21 of the principal beneficiary may be eligible for a derivative K-2 visa, allowing them to enter the United States with their parent.
After the marriage takes place, the foreign spouse may apply for Adjustment of Status to become a lawful permanent resident and obtain a Green Card. This is the next step in the family immigration process.
