If you intend to marry a US citizen in the United States, you may be eligible for a nonimmigrant visa for Fiancés of a US Citizen.
Although love is love, rules are rules, and it is important that you know the fiancé(e) visa requirementsknown as a K visa.
First, a US citizen must file a petition for his or her foreign-born fiancé(e); he will not be able to apply for the visa until this petition is approved.
(Also: How to get permanent residence if your spouse is from the US?)
Another important rule to keep in mind is that the K visa is not indefinite. In other words, although the K-1 nonimmigrant visa allows the foreign fiancé(e) of a US citizen to travel to the United States, you must marry your US citizen fiancé(e) within 90 days of arrival.
You and your fiancé(e) must have met in person within two years prior to the filing of the K visa petition.
Both you and your US citizen fiancé(e) must be legally free to marry at the time of filing the petition (ie, having finalized any divorce).
(Also: US Visa: This is how you can renew it without an interview in 2023)
How to apply for the K visa for fiancés?
Only US citizens can file a petition for alien fiancé; legal permanent residents and other non-citizens cannot.
One of the advantages of the K visa for fiancé(e) is that your children may also be eligible to receive a visa upon your petition, as long as they are under 21 years of age at the time of entry into the United States.
Please note that the process begins at the United States Citizenship and Immigration Services (USCIS). First of all, your fiancé(e) must file form I-129, Petition for Alien Fiancé(e), at the USCIS office in your area.
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If the petition is approvedis sent to the National Visa Center (NVC), where officials will assign a case number and forward the petition to the nearest US Embassy or Consulate.
You will then receive a letter notifying you that your case has been submitted and that Embassy will send you an email with instructions on how to apply for your visa.
Remember to be prepared. If you forget to bring the necessary documents, your case will not be approved and you may have to wait several more months. Therefore, remember to bring the following documents to your interview at the Embassy:
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• Fill out form DS-160 online
• Pay the visa fee through the appointment and information system page
• Valid passport to travel
• ORIGINAL birth certificate for you and your children, if applicable
• ORIGINAL divorce or death certificate of ANY AND ALL previous spouses you or your fiancé(e) may have had
• A police certificate from your country of residence and from all countries in which you have lived for more than one year after you turned 16 years of age.
• Results of the medical examination
• Evidence of relationship to your US citizen fiancé(e)
Information to keep in mind
Although having all the required documentation is important, it does not mean that you will receive a visa.
You must show the consular officer that the relationship with your US citizen fiancé(e) is real and undergo security checks. Any indication of a fraudulent relationship may prevent you from obtaining another type of visa in the future.
Once your K visa is issued and you have entered the United States, you must marry your US citizen fiancé(e) within next 90 days upon entering the United States or leaving the country.
(Keep reading: What is the American fiancé visa, how does it work and how can you apply for it?)
When you’re marriedyou will need to apply to the United States Citizenship and Immigration Services for a change of status to Lawful Permanent Resident (LPR).
As Gabriel García Márquez once wrote: “I love you not for what you are, but for what I am when I am by your side.” The K visa may be a pathway to to make sure the love of your life is by your side, happily ever after.
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