Each year tens of thousands of visas are issued to a spouse or fiance of an American Citizen so that they may move to the US and be with their loved ones. For a non US Citizen Fiancé(e) the most common way of bringing them to the US is a K-1 (fiance) Visa. For a non-US Citizen spouse there are several common ways to bring them to the US, each with their own Pro’s and Con’s. Listed below are the common ways to bring a non-US Citizen Fiancé(e) or spouse to the US as well as a few Pro’s and Con’s for each option.
Fiancé(e) Visa (K1)
A K-1 Visa allows a Non-US Citizen Fiancé(e) to a US Citizen to legally enter the US and Adjust Status to become a Legal Permanent Resident. The process of obtaining a K-1 Visa starts by the U.S. citizen filing a form “I-129F: Petition for Alien Fiancé(e)” with the USCIS (United States Citizenship and Immigration Services). The USCIS is responsible for processing this petition and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Fiancé(e).
Upon receiving the approved I-129F petition, the US Consulate will contact the Non-US Citizen Fiancé(e) and request certain information be gathered and provided to the US Consulate. Additionally there will be an actual “visa interview” in person (at the consulate) for the K-1 Visa. If the embassy approves the K-1 Visa, they will issue the visa typically within two to three days after the interview.
Once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days and file for Adjustment of Status (AOS) to become a Legal Permanent Resident. If they fail to do this within 90 days of entry into the US they may accrue unlawful status inside the US as defined by the USCIS. This may potentially affect future immigration benefits they file for. You may view the K-1 current and historical processing time trends to get a better idea of the time the process may take at various stages. Unless an engaged couple decides to get married, this is their main visa option. If they decide to get married they will need to file for a K-3 or IR-1 / CR-1 Visa instead.
Pluses
– Relatively” fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples).
– Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US. As a note, typically an EAD is applied for at the same time as the K-1 Visa Holder files for AOS (after marriage). Generally an EAD is issued within 90 days of the application being received.
– The K-1 Visa allows time for an engaged couple to be together in the US before marriage since the visa is good for 90 days. The Non-US Citizen Fiancé(e) must marry the US Citizen and apply for AOS to remain in the US. If they do not marry there are no other methods to remain in the US and they must return home.
Minuses
– The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.
– In nearly all cases, if the marriage fails prior to the K-1 Visa Holder’s AOS application being approved there are no other options for legally remaining inside the United States; the K-1 Visa Holder will be required to leave the US.
– A K-1 Visa Holder only has “valid status” for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue “unlawful status”. This 90 day window may not be extended.
Only U.S. citizens can file for a fiance visa.
