What is a K-1 visa?

K-1 is a visa designed for the fiancé/fiancées of US citizens.


Do I qualify for a K-1 visa?

The main criteria are that you are:

  • Engaged to marry a US citizen;
  • You seek entry to the US solely to conclude a valid marriage with the petitioner; and
  • Will be married within 90 days of entry.

I am a Lawful Permanent Resident – can I apply for K-1 for my fiancé?

No – only US citizens may act as petitioner for a K-1.


Can my children come with me?

Yes. Your unmarried minor children under the age of 21 years are eligible to apply for K-2 visas to enter the US with you or follow you.


What are the main considerations?
  • Are you/is your foreign fiancé admissible to the United States? (see WAIVERS)
  • Is there a bona fide intention to marry within 90 days of entry to the US?
  • Are there any legal impediments to your marriage? E.g. still married to another
  • Whether the US citizen fiancé has previously filed fiancé/spousal petitions and how many?
  • Whether the US citizen fiancé has any prior convictions for acts of domestic violence?

 

When is it appropriate to apply for a K-3 visa?

K-3 is the appropriate visa for applicants who have a valid marriage to a US citizen, who has filed an I-130 petition, and wishes to enter the United States while awaiting approval. In practice these are a lesser used category given they can take a long time to process. K-4 is available for minor children to accompany their parent eligible for K-3 status.


What is a V-1 visa?

V-1 visas are designed for the relatives of LPRs.


Which are the main criteria for V-1 visa eligibility?
  • LPR filed an I-130 on or before December 21, 2000; and
  • The petition has been pending for three years or more; or
  • The petition is approved but three plus years have elapsed and a visa number is not available; or
  • A visa number is available but the Immigrant Visa or Adjustment of Status remains pending.