USA K1 Fiancee Visa

Applying for a USA K-1 visa for fiancé immigration to America allows an American citizen to bring a foreign fiancée to the United States for the specific purpose of getting married.

Beyond the marriage, an applicant will be able to pursue a Permanent Resident Card for lawful permanent residence in the US or as it is usually referred to, a USA Green Card, in order to live and work in the USA permanently. This type of US visa is a very specific American immigration service designed solely for those intending to migrate to the USA in order to get married. For more information on the USA K-3 visa, US spouse visa, or any other types of US visas aimed at those applicants wishing join a US citizen spouse in the United States, please see the relevant section of the website.

Benefits

US immigration through the Fiancé visa is intended as a step towards lawful permanent resident status and as such, it will lead to the benefits of an American Green Card for a successful applicant, if the necessary requirements are fulfilled. A candidate embarking on this route will be able to seek permission to undertake employment and commence living and working in the USA without the time restrictions that a non-immigrant route would impose. In addition, as a family immigration route, no pre-arranged offer of employment is required for people immigrating to the USA in this class. Family visa routes are based entirely upon connections with a US citizen, and as such, no offer of employment is required.

Eligibility Criteria

In America, visas for fiancés are aimed exclusively at those intending to marry in the USA and as a result, applicants must fulfill this requirement, otherwise the right to remain in the United States will be withdrawn. Parties must get married to each other within 90 days of the arrival of the applicant in the country; no extension can be obtained for this American visa class. If a marriage does not occur, the applicant will have to leave the US and may not be granted another fiancé visa.

In order to qualify for this USA visa class, parties must fulfill the following requirements:

• Both parties must be free to marry.
• Parties must have met in person at least once during the last two years.

(This must be demonstrated through documentation, which may include photographs or airline tickets, as well as any other documentation, which can prove the requirement. If meeting before the marriage would go against a traditional custom in the applicant's country or would create extreme hardship for the US citizen, this may be waived).

After the petition is approved by USCIS, the fiancé may obtain a K-1 visa at a US embassy abroad.

Working in the United States

A USA fiancé visa in itself does not offer a grant of permission to work in America, visa applications of this kind are designed solely for those intending to marry in the imminent future. However, once a marriage has taken place, an applicant can apply for both an Adjustment of Status (AOS) in order to become a permanent resident and an Employment Authorization Document (EAD), which will permit them to seek and undertake employment. An application for Employment Authorization can be submitted upon arrival, before the marriage has taken place, however, it may not be processed within the 90-day period in which a marriage must occur. Since a new Employment Authorization must be sought once an applicant applies for adjustment of status, in practice, it is more effective to wait until after parties are married.

Dependent Immigration

As a route to permanent immigration, fiancé visas also make provision for dependent immigration, and unmarried children under 21 may accompany an applicant immigrating to the USA as long as they are included on the application form and are issued with K2 dependant visas. Find out further information on our US K3 Spouse Visa page.