A K-1 visa is a type of nonimmigrant visa issued by the United States to the fiancé or fiancée of a U.S. citizen. It allows the foreign national to enter the United States for the purpose of getting married to their U.S. citizen sponsor within 90 days of arrival. After the marriage takes place, the foreign national can apply for adjustment of status to become a lawful permanent resident (green card holder) of the United States.
Key points about the K-1 visa include:
- Purpose: The primary purpose of the K-1 visa is to allow a foreign national to enter the United States for the purpose of marrying their U.S. citizen sponsor.
- Requirements: To qualify for a K-1 visa, the petitioner (the U.S. citizen sponsor) and the beneficiary (the foreign fiancé/fiancée) must demonstrate a genuine intention to marry within 90 days of the beneficiary's entry into the United States. They must also meet other eligibility criteria set by U.S. immigration law.
- Application Process: The process for obtaining a K-1 visa involves several steps, including filing a petition (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS), undergoing background checks, attending an interview at a U.S. embassy or consulate in the beneficiary's home country, and fulfilling medical and other requirements.
- Conditional Residence: After the marriage takes place and the foreign national enters the United States on a K-1 visa, they are granted conditional permanent resident status for a period of two years. Within 90 days before the conditional status expires, the couple must file a petition to remove the conditions on residence (Form I-751) to obtain permanent resident status without conditions.
- Limitations: It's important to note that the K-1 visa is specifically for individuals who intend to marry a U.S. citizen and then apply for lawful permanent residence. It cannot be used for other purposes, such as employment or attending school.
Overall, the K-1 visa provides a pathway for couples to be together in the United States and pursue permanent residence based on their marriage to a U.S. citizen.