Green cards for family members already in the US

 

The K1 fiancé(e) visa is an option for someone who is engaged to a US citizen and would like to get married and live in the US. The K1 visa is technically a nonimmigrant visa, but it is processed alongside immigrant (spousal) visas since the applicant ultimately intends to live permanently in the US with their future spouse.

To be eligible to file an I-129F, Petition for Alien Fiancé(e), you and your fiancé(e) must have met in person within the past two years, and you must have evidence of your meeting. You must also be able to prove to the government that you have a genuine relationship and that you intend to marry within 90 days of arriving in the US.

The K1 visa process is similar to the Immigrant Visa process in that it requires consular processing and an in-person interview at a US embassy or consulate abroad. However, it is handled more directly with the embassy or consulate rather than the National Visa Center (NVC). This means that the specific requirements and steps depend heavily on the country from which the beneficiary is applying. Once the foreign fiancé(e) is approved, enters the US, and gets married, they must then file Form I-485, Application to Register Permanent Residence or Adjust Status, in order to obtain permanent residency in the US.

Here’s how to apply for a K1 fiancé(e) Visa:

Eligibility requirements:

  • Engaged to US citizen 
  • Have met US citizen in person within the past 2 years
  • Are legally free and intend to marry US citizen within 90 days of admission into the US

Required forms:

  • I-129F, Petition for Alien Fiancé(e)
  • G-1145, E-Notification of Application/Petition Acceptance
  • DS-160, Online Nonimmigrant Visa Application
  • I-134, Affidavit of Support
  • I-693, Report of Medical Examination and Vaccination Record

Required supporting documents:

  • Identity documents
  • Proof of genuine relationship between petitioner and beneficiary
  • Proof that you met in person in past 2 years
  • Proof of financial means (of petitioner and/or joint sponsor)

Milestones

  • Submit initial I-129F packet to USCIS and receive I-129F receipt notice (petitioner)
  • Receive decision notice on I-129F 
  • Case transferred to NVC
  • Receive email from NVC with case and invoice numbers 
  • Case transferred to US embassy or consulate where beneficiary resides
  • Complete DS-160 and I-134
  • Receive notification that embassy/consulate has received case along with instructions packet(s)
  • Follow instructions (country-specific) and schedule interview at US embassy or consulate
  • Schedule and attend medical examination (beneficiary)
  • Attend interview at the US embassy or consulate abroad
  • Receive passport containing visa via courier service
  • Enter US and marry petitioner within 90 days
  • *File for Adjustment of Status (I-485) as soon as marriage certificate is received in order to become a Lawful Permanent Resident*