A visa is a document issued by the United States government. The document allows a non-citizen to enter the United States for specific lengths of time and purposes. The K-1 visa, also called the Fiancé K-1 visa is for foreign-citizen fiancés of United States citizens.
When an applicant for a K-1 visa is issued that visa, they may travel to the United States and marry their U.S. citizen sponsor (person sponsoring the visa) within 90 days of arrival.
To obtain a K-1 visa, a fiancé must go through an application process involving filing a petition and an interview. As their U.S. citizen sponsor, the fiancé’s partner begins the process. The partner files a visa petition using Form I-129F. This form is entitled “Petition for Alien Fiancé.” The partner must complete the form. When the partner completes the form, the partner must file it with the United States Citizenship and Immigration Services (USCIS) office where the partner resides.
Once USCIS receives the petition and approves it, USCIS forwards the petition to an agency called the National Visa Center (NVC). The NVC assigns the citizen sponsor a case number. The NVC then sends the petition to the U.S. Consulate or Embassy where the fiancé currently resides. The citizen sponsor must then inform the fiancé of what steps the fiancé must take to apply for the visa and to prepare for the interview.
The foreign citizen fiancé must complete Form DS-160, entitled the Online Nonimmigrant Visa Application. The foreign citizen fiancé must print the confirmation page and bring it to the interview. The fiancé must also bring a passport to the interview. The passport must contain an expiration date of at least six months beyond the intended U.S. stay period.
The foreign citizen must attend the interview. The sponsor is usually allowed to accompany the foreign citizen at the interview. The following documents must be brought to the interview:
The citizen sponsor must bring evidence of financial support by filling out Form I-134, Affidavit of Support. Through this form, the sponsor states that the fiancé will not become a public charge while in the U.S.
The citizen sponsor must also bring photographs of themselves and the fiancé. The sponsor must also bring evidence of having a relationship with the fiancé. Evidence may include documents such as hotel, restaurant, and store receipts.
Before the interview, the fiancé must undergo a medical exam. A U.S. Embassy-approved medical office must conduct the exam. An authorized physician must perform the exam.
At the interview, the foreign citizen fiancé is asked a series of interview questions by a consular office. The interview is at the U.S. embassy in the fiance’s country of origin. A typical interview lasts up to ten minutes. The questions are designed to determine whether the relationship is authentic. The questions include how well the foreign citizen fiancé knows the sponsor. For example, the foreign citizen fiance may be asked if the sponsor has children, their names, and where they reside.
The main purpose of the interview is to detect signs of potential immigration marriage fraud. Under U.S. immigration law, a foreign citizen may not enter into, or attempt to enter into, a sham marriage with a citizen. A sham marriage is a marriage that is entered into so the foreigner can obtain citizenship. Individuals who attempt to commit marriage fraud are subject to prison time. The foreign fiancé and the citizen might be sentenced to prison if they attempted to enter a sham marriage.
To demonstrate intent to enter into a sham marriage, the government must present actual evidence of fraud. That is, the government must show that the parties intentionally entered into the marriage for the specific purpose of evading U.S. immigration laws.
Once the foreign citizen fiancé has obtained the visa, the fiance travels to the U.S.and marries the sponsor. At this point, the foreign citizen is eligible for lawful permanent resident status. The foreign citizen must apply for a marriage visa to apply for lawful permanent resident status. This visa grants permanent resident status to them. The application document is USCIS Form I-485 and must be accompanied by specific documents.
The U.S. citizen must file USCIS Form I-864, a supporting affidavit. By signing the form, the citizen sponsor agrees that the person being sponsored is not inadmissible to the United States as a person likely to become a public charge. U.S. immigration law defines a “public charge” as a non-citizen the government believes has, or is likely to become primarily dependent on, U.S. government assistance.
This assistance is usually in the form of cash income or institutionalization for long-term care. Government aid is usually public cash income or institutionalization for long-term care. Benefits that the government may “look at” when determining public charge status include:
Individuals receiving cash assistance for income maintenance will be subject to a public charge designation. This includes:
If classified as a public charge, a non-citizen can become ineligible for citizenship or permanent residency in the United States.
Once the forms have been reviewed, and the application has been approved, the non-citizen is granted a conditional green card. After two years, during which time the fiancé and citizen have been married (or divorced from a marriage entered into in good faith), the non-citizen can file Form I-751. Once this form, entitled “Petition to Remove Conditions on Residence,” has been reviewed and approved, the non-citizen will receive permanent lawful resident status.
This status, also called green card status, allows non-citizens to work and remain in the United States for as long as they wish. Once someone has had a lawful permanent resident status for five years, that person is eligible for citizenship. To receive citizenship, the person must undergo an application process and pass a citizenship test.
Immigration laws, including how to apply for a visa, can be difficult to navigate. If you are interested in marrying a U.S. citizen, or you, as a U.S. citizen, are interested in marrying a foreign fiancé, you should consult with an immigration attorney.
An experienced immigration attorney near you can assist you with the application process and answer any questions you may have.
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