How to Obtain a K-1 Fiancé Visa

A K-1 visa allows the non-US fiancé or fiancée of an American to enter the country. If you meet your future husband or wife overseas and you intend to get married within 90 days of his or her entry to the US, you can apply for your fiancé(e) to live with you in the US before the wedding. Obtaining a K-1 fiancé visa involves filing several forms with the USCIS. The guide below will help you find and fill out the forms.

Keep in mind that a K-1 visa is only the first step in the process of ensuring that your spouse can stay in the US legally. After your marry, you must start the process for Permanent Residency.

First, visit the website of USCIS at http://www.uscis.gov and click the "Immigration Forms" tab to view the complete list of immigration forms. Download form I-129F, Petition for Alien Fiancé(e). You must file this document if you are applying for a K-1, K-2, K-3, or K-4 visa. Also download the instructions and read them very carefully.

You will also file two copies of form G-325A, one for you and one for your fiancé(e). These are biographical information forms that are used to establish that you and your intended actually know one another. This is necessary to prevent immigration fraud.

Make copies of your birth certificates, passports, photos, medical records, evidence that you and your spouse are acquainted, and evidence that you intend to marry. For example, photos of you and your fiancé(e) together will help establish that you are a bona fide couple. A copy of the receipt for a wedding venue, invitations, gift registries, etc will help you establish that you intend to marry.

If either of you has a criminal record, or was married, you must disclose this information and send additional documents with your K-1 visa application.

If cultural restrictions or financial hardship have prevented you from meeting your fiancé(e) within the past 2 years, you must provide a detailed explanation of the extenuating circumstances. If you have difficulty meeting the burden of proof, talk to an immigration lawyer.

While the I-129F is under review, your fiancé(e) must obtain a certified medical exam in his or her home country, as well as an interview at the US consulate in that country. The USCIS schedules these appointmentsfor you and your fiancé(e).

Even if you and your fiancé(e) marry within the 90 day period, your new spouse cannot legally stay in the US unless he or she then applies for Permanent Residency. Be sure to start this second process as soon as possible.