K-Visa Application in San Jose
Knowledgeable Family-Based Immigration Attorney
The K-visa categories were created to speed up the immigration process
for alien fiancés of U.S. citizens and their accompanying minor
children (K-1 and K-2 visas) so that they could travel more quickly to
the U.S. to marry the U.S. citizen. K-visa categories are also used to
permit alien spouses of U.S. citizens and their minor children to be admitted
to the U.S. as nonimmigrant (K-3 and K-4 visas) while they are awaiting
the adjudication of Form I-130 Petition for Alien Relative.
The K-1 nonimmigrant visa is for the foreign fiancé of a United
States citizen. The requirements and procedures to file for a K-1 visa
are set out below:
1. Must file Form I-129F, Petition for Alien Fiancé with USCIS in
the United States. At the time of the application, both the foreign fiancé
and the U.S. citizen fiancé must be legally free to marry. The
sole intent of the fiancé should be to enter the US to conclude
a valid marriage with the U.S. citizen petitioner.
2. The U.S. citizen sponsor and the foreign fiancé must have met
at least once in the past two years. USCIS may make an exception to this
requirement if the couple can prove that there was a financial hardship
for the U.S. citizen and fiancé to meet or if it is against the
individual's culture for a man and woman to meet.
3. After you file the petition, USCIS will adjudicate the K-1 application
and forward the K-1 application to the U.S. Consulate in the fiancé’s
home country. The U.S. Consulate overseas will mail the fiancé
an interview letter. At this time, the K-1 visa applicant may apply for
K-2 visas for his/her eligible children.
*Note: The K-1 Approval Notice is valid for four (4) months. This means
that the foreign fiancé must complete the second stage of the K-1
process, the document gathering and submission and interview at the U.S.
Consulate abroad, within that time. It is possible to request an extension
of the validity of the approval notice for another four (4) months upon
a showing that both the U.S. citizen and foreign fiancé are still
free to marry and intend to marry one another within 90 days of the foreign
fiancé’s entry into the United States.*
4. Prior to the interview, the foreign fiancé will need to file
Form DS-160 and take the following documents to the interview: passport,
divorce certificate (if applicable), police certificate, medical examination,
evidence of financial support from oneself or U.S. citizen, and evidence
of relationship such as photos of the couple, letters, etc. Please review
the website of the specific U.S. Consulate where the interview will be
held as each Consulate may have different requirements.
Once the foreign fiancé obtains the K-1 visa, he or she may enter
the United States. Within 90 days of entering the United States, the foreign
fiancé must marry the U.S. citizen. Moreover, the fiancé
status automatically expires after 90 days. Immediately after the marriage,
the foreign citizen will apply for a green card with the USCIS within
For information in regard to obtaining a green card through marriage see
Marriage Green Cards.
If you or your loved ones have questions or need assistance with the K-visa
contact our office today at (408) 560-4622.