A unique feature under the U.S. immigration system, K-1 visa is issued to a qualified foreign fiance of a U.S. citizen. As a derivative status from K-1, K-2 visa is issued to minor children of foreign fiance.

To be qualified for K-1 visa, the applicant must be:

(i) The fiance of a U.S. citizen;

(ii) The beneficiary of an approved nonimmigrant petition filed on I-129F; and

(iii) Married with the sponsoring U.S. citizen within 90 days of entry into the United States.

To obtain K-2 visa, the applicant must be the child (unmarried and under 21 years of age) of the person qualified for K-1 classification.

Like some other non-immigrant categories, the application for K-1 visa is a two-step procedure. To sum it up, for the foreign fiance to apply for the K-1 visa:

(i) The U.S. citizen must first file the I-129F fiance petition to the USCIS for the foreign fiance to prove their fiance relationship. Approval from the USCIS is required before the foreign fiance can apply for K1 visa to the U.S. consulate.

(ii) After the I-129F is approved, the foreign fiance has 4 months from the time of approval to obtain the K-1 visa at the U.S. consulate in the foreign country. The minor children of foreign fiance will be issued K-2 visa.

Once in the United States, however, the foreign fiance has 90 days to get married with the U.S. citizen. This is a special restriction on the K-1 holders.

To file the petition for foreign fiance, the U.S. citizen must prove that he or she meet with the foreign fiance at least once within the past two years. In addition, as the petitioners have to prove the subject fiance relationship, document like mails, emails, phone record, pictures, and meeting record shall be submitted to show the fiance relationship. While evidence of formal engagement is probably the best evidence proving fiance relationship, it is nonetheless not mandatory for proving such a relationship.

After the I-129F has been approved, the foreign fiance has 4 months from the time of approval to obtain the K-1 visa at the U.S. consulate in the foreign country.

If a K1 visa is issued, the visa will allow the foreign fiance to enter into the Untied States within 6 months of the issuing date. The K-2 visa holder must enter the U.S. within one year after the K-1 arrives at the U.S., but a K-2 visa holder may not enter the U.S. prior to the K-1.

Once in the United States, the fiance has 90 days to get married. Immediately after marriage, the alien with K-1 visa must apply for adjustment of status for green card.

K-1 alien may legally obtain employment with Employment Authorization Document (EAD) after entering the U.S. However, considering that the K-1 alien must marry the sponsoring fiance within 90 days after entering the U.S. and right after the marriage he or she can apply for the EAD through the adjustment of status application, it is more practical for the alien to apply for the EAD with the adjustment of status application, rather than filing it separately prior to filing for adjustment of status.

We have by far helped many clients bringing their foreign fiance's to the U.S. with K-1 visas. With our advise, our clients learns of the importance of document keeping and with our help is able to gather, prepare and submit a portfolio that can document the fiance relationship and receive approval in a timely manner. If you have any question about K-1 filing, or alternatives to K-1 to bring your loved one to the U.S., please contact us.