> Overview

A US citizen may petition for her fiancé or his fiancée to a receive a K-1 visa by filing an I-129F. The couple must marry within 90 days of the K-1 visa holder's entry into the US. The K-1 visa is an excellent choice for a couple whose marriage is imminent, wish for the ceremony to occur in the US, and will reside in the US after the wedding.

To qualify for a K-1 visa, the petition must demonstrate that the couple:

• Physically met within the 2 years prior to filing the K-1 visa petition unless cultural custom prohibits meeting before marriage
• Is legally free to marry in the jurisdiction of intended marriage
• Intends to marry within 90 days of the non-citizen's entry to the US

In addition, a waiver will be required if the petitioning US citizen has filed

• More than a single K-1 visa petition any time in the past or
• Any K-1 visa petition in the past 2 years.

Due to the K-1 petition’s precise requirements and timing uncertainties, we strongly encourage anyone wishing to pursue a K-1 visa to seek the counsel of an immigration attorney.

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> How does a couple show it has met within the past 2 years or is prohibited from doing so by cultural custom?

The government wants to see the couple was together in the same place at the same time at least once in the 2 years prior to filing the K-1 visa petition. While the minimum requirement is only 1 single meeting, we encourage showing frequent meetings if possible. The couple can prove this by providing documentation such as:

• Travel records showing the couple traveling to see each other and/or traveling together such as air, train, or boat tickets
• Photographs taken together in various locations showing changing hair styles and dress for different seasons
• Affidavits from family members, friends, or religious leaders about the duration and nature of the relationship including details of spending time with the couple within the prior 2 years.

If the long-established custom for marriage in the couple's culture does not involve having met in person in the past 2 years, the couple will need to provide evidence appropriate for that culture. Such evidence can include:

• An affidavit from a religious leader of that culture describing the marriage customs
• A letter from an expert professor or scholar of that culture attesting to the marriage customs

> What does it mean to be legally free to marry in the jurisdiction of intended marriage?

The marriage must be valid in the law of the state, territory, or district in which the couple will live. This is normally a simple requirement to satisfy. The most common legal impediments to marriage are prior marriage and age.

The couple can demonstrate prior marriages have ended by including divorce or annulment decrees or death certificates. In the case of simultaneous marriage or polygamy, the US government will only recognize the earliest continuing marriage.

The couple's identity documents show their ages, so no additional age-related documentation will be necessary if the spouses-to-be are old enough to marry without parental permission. The minimum age for marriage without parental permission in every state and the District of Columbia is 18, except in Nebraska, where it is 19, and Mississippi, where it is 21.

> How can a couple show it intends to marry within 90 days of the beneficiary entering the US?

Significant evidence of planning a wedding ceremony will make for a stronger K-1 visa petition. Such evidence usually comes in the form of correspondence, price quotes, or invoices from:

• Wedding-related vendors such as caterers, florists, dress shops, etc.
• Wedding venues
• Possible officiators of the marriage ceremony such as a religious leader, judge, or justice of the peace

The government will also examine the relationship to determine if it is one intended to lead to marriage. The documentation we suggest the couple provide to show meeting within the 2 years prior to filing the K-1 visa petition will largely support this determination. We additionally encourge the couple supply correspondence records to fill in the gaps between the documents they submit showing their time together. These records could be:

• Greeting cards
• Written letters
• Telephone bills
• Text message bills
• Internet text or video chat records

> How long does the petition process take?

Petitioning for a fiancé or fiancée usually takes 6 to 8 months. Unexpected delays occur, so we suggest allowing for at least 12 months.

Once the K-1 visa is issued, its recipient has 6 months to enter the United States and 90 days from entry to file an I-485 to adjust status and receive a green card.

> Is there a way to speed up the process?

Unfortunately not. K-1 visas are not eligible for premium processing.

> If I petition for my fiancé/fiancée, can his or her children also come to the United States?

Yes, if they are less than 21 years old and unmarried, they can receive K-2 visas, allowing them to enter the US at the same time as or within one year of the K-1 visa holder's entry.

> How much does the US government charge?

The K-1 petition costs $535 at filing. Another $265 visa fee will be charged if the petition is approved.

Once in the United States, the K-1 visa holder may file an I-765 Application for an Employment Authorization Document at a cost of $410.

Once married, the I-485 Application to Adjust Status costs $1140 with an additional $85 for biometrics (fingerprints). If the K-1 visa holder wishes, he or she may delay filing an I-765 until filing the I-485. If filed together, there is no government fee for the I-765.