K1 Fiancé and K3/K4

 

Fiancé Visa


U.S. citizens wishing to bring a foreign national fiancé living abroad to the United States to marry can apply for a fiancé visa. If you plan to marry a foreign national outside the United States or your fiancé is already residing legally in the United States, you do not need to file for a fiancé visa.

Eligibility


If you petition for a fiancé visa, you must show that:
  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé entering the United States.
  • You and your fiancé are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: (a) if the requirement to meet would violate strict and long-established customs of your or your fiancé’s foreign culture or social practice; or (b) if you prove that the requirement to meet would result in extreme hardship to you.

After the Fiancé Visa is Issued


Once issued, the fiancé visa (K-1 visa) allows your fiancé to enter the U.S. for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the U.S. while USCIS processes the application.

Children of Fiancé


If your fiancé has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to the child.

Permission to Work


After admission, your fiancé may immediately apply for permission to work by filing for Employment Authorization.

If you do not marry within 90 days


Fiancé status automatically expires after 90 days. It cannot be extended. Your fiancé should leave the United States at the end of the 90 days if you do not marry. If your fiancé does not depart, that person will be in violation of U.S. immigration law. This may result in deportation and/or could affect future eligibility for U.S. immigration benefits.