The K-1 Visa, also known as the Fiancée Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States as they can be issued K-2 visas.
The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancé(e). After the petition is approved, the fiancé(e) can obtain a K-1 fiance visa. The K-1 visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancé(e) entering the United States.
Definition: Individuals for whom English is not a native language sometimes get confused with the terms "Fiancée" and "Fiancé". The K-1 Visa applies to both Fiancée and Fiancé of United States citizens.
- Fiancée: A woman to whom a man is engaged to be married.
- Fiancé: A man to whom a woman is engaged to be married.
Eligibility Requirements: Until the actual marriage takes place, the fiancé(e) is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original non-immigrant admission.
After the marriage takes place, the foreign national may apply for Green Card through Marriage to become a United States citizen.
K-3 Spouses of US Citizens
Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
Family Petitions and Immigrant Visa Processing
Details coming soon.
Petitions to Remove Conditions on Residence
Details coming soon.
VAWA (Violence Against Women Act) Petitions
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency.
The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.