Temporary (Nonimmigrant) Visas

Fiancé - K Visa

In order to enter the United States on a K Visa, the applicant must be a fiance/fiancee of a US Citizen. The applicant must be applying for a visa to the United States solely for the purposes of entering into a valid marriage with the petitioner. This wedding must take place within 90 days of the alien's entry into the US. Minor children of the fiances of US citizens may accompany them on the K Visa.

Application Procedure

In order for the petition to be approved by the INS, a Form I-129F must be filed with the INS in the place where the petitioner is residing. 

The petition must include proof that the two have a good faith intention to marry, that they are both legally able to marry, that the two are willing to marry within 90 days, and that the two have previously met in person within two years of the filing of the petition. This requirement of the meeting in person may be waived if meeting would have necessitated extreme hardship, or where the non-meeting is due to a long-established custom.

Authorized Stay

The petition is valid for four months and can be revalidated for four month periods.
There is no possibility of an extension of stay. The petition is automatically withdrawn when the petitioner dies or requests that the petition be withdrawn.

Once the Petition is Approved

Once the petition is approved, the petition goes to the US Consulate, where the Consul must determine whether the beneficiary would be eligible for an immigrant visa. The K Visa petition can only be approved if the beneficiary would be eligible for an immigrant visa.

A K Visa can be approved even if the proposed beneficiary is in removal proceedings.

Work Authorization

Persons having K Visas are authorized to work in the US.

Adjustment of Status

A K Visa holder can only change status based on their marriage to the petitioner. They then obtain conditional permanent residence and two years later, may file a petition to remove these conditions.