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It can be complicated when two people from different nationalities decide to get married. One of the most common issues that arise is the question of visas. How will the couple be able to stay together in one country?
Citizens can apply for a K-1 marriage visa to marry a foreign national in the United States. A K-1 visa allows a foreign national to come to the United States and marry their fiancé within 90 days of arrival. The K-1 visa is a nonimmigrant visa, which does not lead to permanent residency in the United States.
Our team at Akula & Associates P.C. has put together a step-by-step guide to help you obtain a K-1 visa.
Step #1: Determine if You and Your Fiancé Meet the Requirements for a K-1 Visa
To qualify for a K-1 visa, you and your fiancé must meet the following requirements:
You must both be single and free to marry
You have met each other in person at least once within the past two years
You and your fiancé must both be at least 18 years old and not closely related to marry
If you meet all of the requirements above, you can move on to the next step: beginning the process of applying for a K-1 visa.
Step #2: Submit Form I-129F
The first step in applying for a K-1 visa is to file a Petition for Alien Fiancé(e), also known as Form I-129F. The form must be filed with the U.S. Citizenship and Immigration Services (USCIS).
The petition must include evidence that you and your fiancé met in person within the past two years and proof of your intent to marry. Once the USCIS approves the petition, it will be sent to the National Visa Center (NVC). The NVC will then send you a notice with instructions on how to proceed with your visa application. You will be required to submit additional forms and documents, as well as pay the necessary fees.
Step #3: Fill Out the Required Documents & Forms
Once the NVC has received all the required forms and documents, they will send your file to the U.S. embassy or consulate, where your fiancé will apply for a visa.
Step #4: Fiancé Must Schedule an Interview with U.S. Embassy or Consulate
Your fiancé will then be scheduled for an interview at the U.S. embassy or consulate. During the interview, a consular officer will determine whether your fiancé is eligible for a K-1 visa. The interview is one of the most important steps in the K-1 visa process. Being prepared for the interview is vital to increase your chances of success.
Step #6: Enter the United States on a K-1 Visa
The visa will be issued if the consular officer determines that your fiancé is eligible for a K-1 visa. Your fiancé will then have 90 days to enter the United States. If you do not marry within that time frame, your fiancé will be required to leave the country.
After you are married, your fiancé must apply for permanent residency. This can be done by filing Form I-485, Application to Register Permanent Residence, or Adjust Status.
If you have any questions about the K-1 visa process, be sure to contact Akula & Associates P.C. (844) 299-5003. We are here to help!\