K1 – Fiancé(E) VISA

Fiancé(e) VISA

The K-1 fiancé(e) visa is a nonimmigrant visa specifically designed for the fiancé(e) of a U.S. citizen. It allows the foreign fiancé(e) to enter the United States for the purpose of marrying the U.S. citizen petitioner. Here are some important details about the K-1 visa:

  • To qualify for a K-1 visa, the petitioner and the fiancé(e) must intend to marry each other within 90 days of the fiancé(e)’s entry into the United States.
  • Both the petitioner and the fiancé(e) must be legally free to marry, meaning they are not currently married to someone else.
  • The petitioner and the fiancé(e) must have met in person at least once within the 2-year period before filing the petition, unless meeting in person would violate strict cultural or social customs or cause extreme hardship to the U.S. citizen petitioner.
  • If the fiancé(e) has unmarried children under 21 years of age, they may also immigrate to the United States under the K-2 nonimmigrant visa.

Regarding work authorization:

  • Once admitted to the U.S. on a K-1 visa, the fiancé(e) can apply for work authorization and must receive it before starting any work.
  • Work authorization can also be applied for together with the Green Card application.

Regarding criminal issues:

  • If the fiancé(e) has had criminal problems in their home country, they will have to go through consular processing and an interview at a U.S. Embassy or Consulate.
  • If the petition is approved and the fiancé(e) is admitted to the U.S. on a K-1 visa, the couple must get married within 90 days so that the fiancé(e) can apply for a Green Card in the United States.

Regarding criminal records of the U.S. citizen petitioner:

  • Having a criminal record does not automatically disqualify a U.S. citizen from applying for a K-1 visa for their fiancé(e). However, it is important to seek guidance from a U.S. immigration attorney to discuss the specific case.


The process and timeline for obtaining a fiancé(e) visa involve filing a Petition for Alien Fiancé(e) with the USCIS, followed by consular processing and an interview at a U.S. Embassy or Consulate. The entire process, including USCIS processing and consular procedures, can take approximately 6-10 months.

For detailed guidance and personalized advice, it is recommended to consult with a licensed immigration attorney in the United States.