Fiancé(e) Visa K-1
(Temporary Stay in the USA)
This visa is for those who have a fiancé(e) who is already a U.S. citizen or lawful permanent resident.
You may apply for this temporary visa (K-1) which allows you to live and work temporarily in the United
States for a 90-day period on the basis of your engagement to a U.S. citizen or lawful permanent resident.
It is expected that you will marry your fiancé(e) within that 90-day period. You will then apply for an
adjustment of status to conditional "Permanent Residence."
Who Can Apply?
- You must have met your fiancé(e)—who is a U.S. citizen—in person, within the past two years, unless
you practice a religion or come from a certain cultural practice that forbids couples to meet before
marriage. Furthermore, you may be exempted from this requirement if you can prove that the need to meet
your fiancé(e) in person would result in extreme hardship for you.
- Both you and your fiancé(e) must be legally able to marry. For example, if you or your fiancé
(e) are in the middle of divorce or annulment proceedings, you must submit documents proving that you have
completed those proceedings.
- You must prove that you and your fiancé(e) have a genuine interest to get married within 90 days of your
arrival in the United States.
Note: These explanations apply for a fiancé(e) of a United States citizen who intends to marry
in the United States. However, if the fiancé will marry in the US and then will return to her or his
permanent residence abroad after the wedding may only need a Visitor Visa.
How do I Apply?
The first step is initiated by your sponsoring fiancé(e) and the second step is initiated by you.
If you marry within 90 days of arrival, you will follow a one-step process to apply for an adjustment of status
to conditional permanent residence status.
- The first step involves applying for a visa petition (I-129F Petition for Alien
Fiancé(e)) and supporting documents.
- If the Petition is approved, you will now file a formal application for your K-1 visa with
the U.S. consulate in your home country.
If the Petition is denied, you will can file a
Motion to Reopen and submit new evidence or make corrections or you can enter a more formal
appeal process.
- If your marriage takes place within 90 days of your arrival in the U.S., you must file an
Application for Adjustment of Status (Form I-485 and supporting documents) that
will provide you with conditional permanent residence status. This status is valid for two years.
After two years, you can file a joint petition (form I-751) to remove this conditional status
and give you permanent residency status.
What do I do Now?