1. The Requirements of Applying for a K-1 Visa

In accordance with the U.S. immigration law, a Petition for Alien Fiancé(e) should be filed by the petitioner who must be a U.S. citizen. The petition is filed in the U.S. with the U.S. Citizenship and Immigration Services (USCIS). U.S. embassy or consulate may not file or approve the petition.

The approved visa petition is forwarded to the appropriate U.S. embassy or consulate, and the petitioner is notified of the petition approval by the USCIS. It usually takes approximately 6-8 weeks for the petition to reach the U.S. embassy or consulate. 

The requirements for the K-1 fiancé(e) visa include:

• The alien fiancé(e) must be outside the U.S.; 

• The U.S. citizen must file an I-129F petition with the USCIS, and have it approved before the alien fiancé(e) may apply for a K-1 visa;  

• Both the U.S. citizen and the alien fiancé(e) must remain unmarried until the arrival of the alien fiancé(e) in the U.S.;  

• The alien fiancé(e) and U.S. citizen must have met personally at least once in the two years before the visa petition was filed.

The Immigrant Visa Unit at U.S. embassy or consulate will process the application for the K-1 visa. While no assurance can be given regarding the appointment date of the visa interview, the alien fiancé(e) should prepare for that appointment, and obtain the documents required for the visa application. 

The alien fiancé(e) must complete a medical examination in an embassy-approved medical facility. The forms and information regarding this are included in the information packet sent to the alien fiancé(e).

2. Maintaining K-1 Nonimmigrant Status

After an alien fiancé(e) has obtained a K-1 visa and entered the U.S., he or she must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. After the marriage, the alien fiancé becomes the spouse. She or he may file an immigration petition and adjustment of status application to become a permanent resident.

The alien fiancé(e) must get married within 90 days of his or her arrival in the US, or the alien fiancé(e) will have to leave. The alien fiancé(e) may not be given another U.S. visa if this happens. The visa cannot be extended beyond 90 days. The alien fiancé(e) also must marry the K-1 petitioner and no one else, in order to remain in the U.S.  

3. Applying for Work Authorization and Travel Outside of the U.S.

After arriving in the United States, the alien fiancé(e) may apply for an employment authorization. However, the employment authorization may not be processed within the 90-day time limit to get married. If the alien fiancé(e) applies for adjustment to permanent resident status, the fiancé(e) can apply for a employment authorization after the marriage.  

The K-1 and K-2 holders may enter the U.S. only one time with their K-1/K-2 visas. If they leave the U.S. before the marriage, they need to apply for a new visa to come back. 

If the alien fiancé(e) wants to leave and re-enter the U.S. after marriage and filing for adjustment of status, he or she must apply for Advance Parole to the USCIS office that serves the area where they live. The Advance Parole will allow him or her to return to the U.S. after traveling.