K-Visas (Fiancé Visas)

A U.S. citizen who is engaged to a foreign national who is residing abroad can sponsor the foreign fiancé/fiancée to come to the United States on a K visa for the purpose of marrying the U.S. citizen.  The petitioner (the U.S. citizen) must file Form I-129F with the U.S. Citizenship and Immigration Services (USCIS) in order to begin the application process for the beneficiary’s K visa.  

Along with the completed and signed Form I-129F and the filing fee, the petitioner must include documentary evidence in support of the application.  This evidence will tend to show that the romantic relationship exists and that it is a good faith relationship.  This could include evidence of time spent together during courtship, such as:  photos of the couple, receipts for prior travel to see each other outside the U.S., affidavits from family members who have known the couple during their relationship, and copies of text messages, e-mails, or letters the couple have sent each other.  In addition, the petitioner may include evidence of wedding arrangements already made, such as receipts for engagement ring or wedding bands, reservations for wedding venue, wedding cake, decorations, etc.  

If the petitioner’s Form I-129F is approved, the case will be handed over to the National Visa Center, where it will eventually make its way to the corresponding U.S. consulate in the beneficiary’s home country.  The consulate will then schedule the beneficiary for an in-person interview, where they can be asked questions about how the couple met and how their relationship developed.  If the consular officer approves the case, the beneficiary will be issued a K-1 visa that will allow him or her to travel to and enter the United States.  

Once the beneficiary has been admitted to the United States on the K-1 visa, they have 90 days to marry the petitioning U.S. citizen.  After marrying the U.S. citizen within 90 days of entry to the U.S., the beneficiary/foreign national can then apply for adjustment of status (by filing Form I-485 with USCIS) in order to obtain their green card which, if granted, will give them conditional U.S. resident status for a period of two years and, subsequently, permanent resident status once conditions are removed.