‎K-1 FiancÉe Visa

The fiancée visa option

A fiancée visa allows the foreign fiancée of an American citizen to enter the United States, get married within 90 days, and then apply for a Green Card in the United States. Note that the fiancée can only apply for the Green Card on the basis of marriage to the US citizen who sponsored her fiancée visa. Unmarried children under the age of 21 also have the right to accompany the bride.

The fiancée visa requires that the marriage be celebrated in the United States.

The Green Card application is a separate application that follows civil marriage in the United States.

The Fiancée Visa application is done in two steps

The fiancee of the American citizen submits an application to USCIS (immigration authorities) in the United States. If this request is approved, it is forwarded to the consulate of the fiancée`s country of origin

You fill out other forms and the fiancée shows up for an interview at the US consulate in her home country, where she receives the K1 visa.

 Note that the US citizen will need to provide a written statement of promise of financial support from their fiancée and the fiancée will need to undergo a medical examination prior to her interview at the appropriate U.S. consulate or embassy.

The fiancée has 6 months to travel to the United States and use her fiancée visa. The wedding must be celebrated within 90 days of the fiancée`s arrival in the United States, at which time the fiancée will have to apply for a Green Card through a procedure called an `adjustment of status`.

K1 and K2 visas differ from other non-immigrant visas such as tourist or business visas. Although applicants for non-immigrant visas must demonstrate strong ties to Brazil and an intention to return after a temporary visit to the United States, US immigration law assumes that applicants for a fiance visa have an intention to immigrate .

Important: Minor children (K2) can accompany the father or mother on the trip to the United States or can apply for a visa later to join him/her after the father or mother has entered the United States, married and became a permanent resident. If requested later, the visa application for minor children must be made within one year of the date of the interview or when the parent`s fiancee visa was issued.

Spouse of US citizen (K-3) and minor children (K4):

The K3 and K4 nonimmigrant visas are designed to bring together family members who have been, or may be, subject to a lengthy separation while their immigrant visa applications are processed. They allow the holder to travel to the United States and wait for in-country approval. The K3 visa category is rarely used as the processing time for the IR1/CR1 – US Citizen Spouse categories is often less than the processing time for K3 Visas.

WHO IS ELIGIBLE FOR AMERICAN K1, K2, K3 OR K4 VISA:

To qualify for a K1 nonimmigrant visa, the petitioner and beneficiary must be single, divorced or widowed. The couple must have met in person within the last 2 years. The US citizen (petitioner) must first file a K1 fiance visa application with the USCIS in the US. To do this, you must complete Petition I-129. Please note that a US citizen will not be able to file an I-129 petition in Brazil. K2 visas are for children under the age of 21.

Spouse of US Citizen (K3) and Minor Children (K4) The applicant must be the spouse of a US citizen, have a Form I-130 (Foreign Relative Application) in the USCIS approval process, and have a completed Form I-129F and approved by the USCIS on your behalf. The petitioner, a US citizen, will first have to file form I-130, “Petition for Alien Relative”, with the USCIS (U.S. Citizenship and Immigration Services) of the DHS (Department of Homeland Security) in the United States. The USCIS will send a “Notice of Action” (Form I-797) to communicate that it has received the petition. The petitioner, a US citizen, must then file form I-129F, "Petition for Alien Fiancé(e)", for his/her foreign spouse and, if applicable, for the children of such wife( O). After the USCIS approves the two petitions, they will be sent to the National Visa Center (NVC) to continue the process.

Note: To qualify for a K4 nonimmigrant visa, the applicant must be an unmarried child (under 21) of a K3 visa applicant or holder. Minor children of a US citizen will only qualify for a “K4” visa if they have not claimed US citizenship and if the parents qualify for a “K3” visa.

HOW TO APPLY FOR THE AMERICAN VISA FOR A FACE OR FOR CHILDREN OF AMERICAN UNDER 21:

A fiancee visa or K1 visa is a US citizen fiance visa so you can travel to the United States for the purpose of getting married and living in the US. Marriage must be legally possible under the laws of the US state in which the marriage will take place. K2 visas are for children under the age of 21.

The K3 and K4 nonimmigrant visas are designed to bring together family members who have been, or may be, subject to a lengthy separation while their immigrant visa applications are processed. They allow the holder to travel to the United States and wait for in-country approval.

COMMON QUESTIONS

What does K1 visa mean?

A fiancee visa or K1 visa is a US citizen fiance visa so you can travel to the United States for the purpose of getting married and living in the US.

How long does the K1 visa process take?

6 months

The process for obtaining a K1 visa is relatively quick, depending on the situation, it can take less than 6 months. However, the couple must convince US immigration officials – through documents, photographs, air tickets, etc. – that the relationship is serious and in good faith.

How does the K2 visa work?

K2 visas are for children under the age of 21. The K3 and K4 nonimmigrant visas are designed to bring together family members who have been, or may be, subject to long separation while their immigrant visa applications are processed.