K-1 Non-Immigrant (Fiancé) Visa Route

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REQUIREMENTS:

You may qualify to bring your fiancé to the U.S. on a K-1 visa if:

  • You are a U.S. citizen;
  • You intend to marry your fiancé within 90 days of your fiancé’s admission to the U.S. on a K-1 visa;
  • You and your fiancé are both legally free to marry in the U.S.; and
  • You and your fiancé have met in person at least once within the 2-years preceding filing your petition. (Note: this requirement can be waived in certain instances).

APPLICATION PROCESS:

Step 1: File Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This involves assembling a detailed application proving to the government that your relationship to your fiancé is bona fide.

DEPENDENTS:

Your fiancé’s unmarried children under the age of 21 may be admitted to the U.S. in K-2 status. They must continue to be unmarried and under 21 to be admitted to the U.S. as K-2 nonimmigrants and enter with or after your fiancé. The children are then included as dependents on your fiancé’s adjustment of status application.

PROCESSING TIMES:

It typically takes 5–7 months for USCIS to process Form I-129F. It can then take another 1–2 months for your fiancé to obtain the K-1 visa and enter the U.S. Upon entry, you and your fiancé will have 90 days to get married and file an adjustment of status application, which typically adds an additional 6–18+ months to the process.

FILING FEES:

The government currently charges $535.00 USD to file Form I-129F and an additional $1,225 USD to file an adjustment of status application. In addition, there are also fees that must be paid to the U.S. Embassy or Consulate to obtain the K-1 visa. These fees vary by locations but are typically around $250 USD.

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