K1 Visa Eligibility

• You are a U.S. citizen.
• You and your partner intend to marry one another within 90 days of their admission to the United States.
• You and your partner are both legally free to marry (this means you are both legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment).
• You and your partner met each other in person at least once within the 2-year period before you file your immigration petition.
• There may be a case where you could request a waiver of this in-person meeting requirement.

K1 Visa Process

The process for bringing your fiance or spouse to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP).

At each stage in the process, background and security checks may be conducted on both of you.

These checks are conducted using fingerprints, names, or other biographic or biometric information.

Steps:

1. You file a Petition for Alien Fiancé or Spouse. These forms ask USCIS to recognize the relationship.
2. USCIS reviews the form and the documents you submitted.
3. USCIS may mail you a request for evidence if they need additional documentation or information.
4. If you establish your eligibility, the USCIS approves your application and recognizes the claimed relationship.
5. Otherwise, they deny your application and notify you of the reasons for denial.

K1 Visa Application

• Your approved petition for Alien Fiance or Spouse goes to the office where your partner will complete the process. This is generally where your fiance or spouse lives.
• The office then notifies you when the interview for your immigration petition is scheduled.
• Your partner brings the required forms and documents to the interview.
• The immigration officer determines whether your partner qualifies.
• If the immigration officer approves the application, you are then able to enter or remain in the USA.

Children of Fiance or Spouse:

• If your partner has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a non-immigrant visa.
• You must include the names of your partner’s children on your application if you wish to bring them to the United States.
• The children must continue to be unmarried and under 21 in order to be admitted to the United States.
• They may travel with your partner  (or later), but they cannot travel to the U.S. before your partner.

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