K-1 Visa Intricacies

The Intricacies of K-1 Fiance Visa

One of the non-immigrant visas available is the K1 fiance visa. This allows a fiancé or fiancée from a foreign country to marry a U.S. citizen and become a U.S. resident. Once married, an application needs to be filed to adjust the status from temporary to permanent residence.

This kind of visa is of dual intent. The first step is done by a US citizen files a petition to marry a foreigner within ninety (90) days of entry into the United States or else the said petitioned individual would be asked to leave the country. The petition is files with the U.S. Citizenship and Immigration Services and once approval is obtained, then one would be approved to obtain a K1 Fiance visa. With this approval, the foreign fiancé would be required to file documentation to support the petition.

There are advantages to filing a K-1 Visa. One would be the shorter waiting period compared to other marriage visa petitions. While waiting for its approval, the fiancé is allowed to apply for a work permit and be employed in the United States. Furthermore, the fiancé would be allowed to apply for a K-2 dependent visa for children to become residents in the United States. They need to be included in the fiancé visa petition.

This petition though does have costs and the following are the fees charged for the K-1 fiance visa application.

  • Filing fee for the petition itself;
  • The non-immigrant visa application processing fee;
  • Medical examination fee;
  • Fingerprinting fees, if required;
  • Documentary charges, such as translation and photocopying costs, costs for obtaining supporting documentation such as passport, police clearances, birth certificates and the like;
  • Travel expenses for the interview with the consulate;
  • Fees for adjustment of permanent residence status.

Other documentation that needs to be filed after the marriage ceremony to complete the K-1 visa petition. Firstly, the adjustment of status needs to be filed with the USCIS office. This needs to be followed with the Affidavit of Support to become a lawful permanent resident in the country. Once the K-1 fiance visa is issued, the foreign fiancé needs to enter through a U.S. immigration port of entry.

The length of time needed to complete the whole process differs depending on the circumstances of each case. The biggest time goes to the amount of processing time needed by the consular offices to verify the petition and approve the K-1 fiance visa.


For assistance with filing a K-1 Fiance Visa for a loved one, contact the fiance visa lawyers at today.