Gavin Howe
The K-1 visa is a non-immigrant visa for foreign nationals who wish to marry a US citizen and become legal permanent residents. K-1 visa applicants are encouraged to get the vaccinations required under US immigration law for immigrant visa applicants. The K-1 visa is not available to the fiancés of US lawful permanent residents (green card holders). The K-1 visa is only open to the fiancés of US citizens. After entering the US on a K-1 visa and marrying your partner, you will need to file Form I-485 to become a permanent resident.
| Characteristics | Values |
|---|---|
| Who is the K-1 visa for? | Foreigners who wish to marry a U.S. citizen |
| Who can apply for a K-1 visa? | The U.S. citizen must be the petitioner |
| Who cannot apply for a K-1 visa? | U.S. lawful permanent residents |
| What is the validity of the K-1 visa? | 90 days |
| What happens if the marriage does not take place within 90 days? | The foreign national must leave the country or face possible deportation |
| What is the cost of a K-1 visa? | $940 |
| What is the processing time for a K-1 visa? | 5-7 months |
| What is the visa interview process? | The applicant must present evidence that they are not likely to become a public charge in the U.S. and may be required to submit a Form I-134, Affidavit of Support |
| What documents are required for the visa interview? | Birth certificate, prior marriage documents, military records, police certificate, medical examination form |
| What vaccinations are required? | Vaccinations required under U.S. immigration law for immigrant visa applicants |
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What You'll Learn
- K-1 visa applicants are encouraged to get certain vaccinations
- K-1 visa holders must apply for a Green Card by filing Form I-485
- K-1 visa applicants must be free to marry
- K-2 visas are for the children of K-1 applicants
- K-1 visa applicants must present a police certificate from the jurisdiction of any arrest
K-1 visa applicants are encouraged to get certain vaccinations
It is important to note that applicants can choose to obtain the required vaccines from their private healthcare provider, but they must return to the physician with proof of vaccination. This approach may cause less delay in the visa application process. Additionally, applicants should be aware that the civil surgeon will determine whether all required vaccines can be administered at once or if there are concerns based on the applicant's medical condition.
The vaccination requirements are part of the medical examination that all K-1 visa applicants, regardless of age, must undergo before the visa is issued. The medical examination must be performed by an authorized panel physician, and instructions regarding this process will be provided by the U.S. Embassy or Consulate where the applicant will apply for their visa.
K-1 visa applicants should also be aware that the consular officer may request additional information during the visa interview, such as photographs and other proof that the relationship with their U.S. citizen fiancé(e) is genuine. Applicants must also present evidence that they are not likely to become a public charge in the United States and that they can financially support themselves or be supported by their U.S. citizen fiancé(e).
In summary, while K-1 visa applicants are not mandated to have all the required vaccinations before visa issuance, it is highly encouraged to fulfill these requirements, especially since they will be necessary when adjusting status to that of a legal permanent resident after marriage.
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K-1 visa holders must apply for a Green Card by filing Form I-485
The K-1 visa is a nonimmigrant visa for foreign fiancé(e)s of U.S. citizens. It allows the visa holder to enter the U.S. and marry their U.S. citizen petitioner within 90 days of their arrival. After the marriage, the K-1 visa holder can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
To be eligible for a Green Card, the K-1 visa holder must have married their U.S. citizen petitioner within 90 days of being admitted to the U.S. They must also be physically present in the U.S. when filing Form I-485. Additionally, certain vaccinations are required under U.S. immigration law for immigrant visa applicants, so applicants are encouraged to fulfil these requirements at the time of their medical examination.
Form I-485 must be filed with the correct fee, which can be paid by money order, personal check, cashier's check, credit card, or debit card. The USCIS website provides information on the filing fees and fee schedule. If the K-1 visa holder has been married to the U.S. citizen petitioner for less than two years at the time Form I-485 is approved, they will be granted lawful permanent resident status for two years on a conditional basis.
K-1 visa holders with children can bring them to the U.S. on a K-2 visa. The children must travel within the validity of their K-2 visas, and separate petitions are not required if they accompany the K-1 visa holder or join them within one year of the K-1 visa's issuance. If the K-1 visa holder adjusts their status to that of a permanent resident, their child may still travel on their valid K-2 visa.
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K-1 visa applicants must be free to marry
The K-1 visa is a non-immigrant visa for the foreign-citizen fiancé(e) of a US citizen. The visa allows the foreign citizen to travel to the US and marry their US citizen fiancé(e) within 90 days of arrival. The foreign citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security (DHS) or US Citizenship and Immigration Services (USCIS).
To obtain a K-1 visa, the US citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. This means that both the petitioner and beneficiary must be single, divorced, or widowed. Legal separation is not accepted. The couple must have met in person within the past two years. The US citizen must file a Form I-129F petition for the applicant with the US. The K-1 visa applicant must also submit to a medical examination and is encouraged to get the vaccinations required under US immigration law for immigrant visa applicants.
If the K-1 visa holder does not marry their US citizen fiancé(e) within 90 days of being admitted to the US, they generally cannot apply for a Green Card based on any other Green Card eligibility category. There are some limited exceptions. If the K-1 visa holder is granted U nonimmigrant status while in the US (for victims of qualifying criminal activity) or T nonimmigrant status (for victims of a severe form of trafficking in persons), they may apply for a Green Card based on any eligibility category that applies to them.
If the K-1 visa holder marries their US citizen fiancé(e) within 90 days of being admitted to the US, they may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the K-1 visa holder has children who were admitted as K-2 nonimmigrants, they may also apply for a Green Card by filing Form I-485 with USCIS, provided they remain unmarried.
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K-2 visas are for the children of K-1 applicants
K-2 visas are for the unmarried children of K-1 applicants who are under the age of 21. The children of K-1 applicants may travel with their parent to the United States or travel later, within one year of the date of issuance of the parent's K-1 visa. If the child has a valid K-2 visa and the parent has adjusted their status to that of a permanent resident, the child may still travel on the K-2 visa.
To obtain a K-2 visa, the U.S. citizen fiancé(e) must file Form I-129F, listing the names of all K-2 children. The K-2 applicant must also provide a completed Form DS-160 ("Online Nonimmigrant Visa Application") and a valid passport at the interview. If the K-2 applicant is 18 or older, they must also present a police certificate from their current country and any countries they have resided in for more than six months since turning 16. If the applicant lives in Brazil, they must present a Brazilian Federal police certificate and Brazilian state police certificates. If the applicant has lived outside of Brazil for more than 12 months after turning 16, they must present a police certificate from that country.
The K-2 visa is always linked to a K-1 visa, and the K-2 applicant must meet the eligibility criteria for the K-1 visa. The K-2 visa is valid for a maximum of 180 days from the date of the medical exam. If the K-1 visa holder marries their U.S. citizen petitioner within 90 days of being admitted to the U.S., the K-2 applicant may apply for a Green Card by filing Form I-485.
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K-1 visa applicants must present a police certificate from the jurisdiction of any arrest
The K-1 visa is a non-immigrant visa for the fiancé(e) of a US citizen. It allows the visa holder to enter the US and marry their US citizen petitioner within 90 days of being admitted. Following the marriage, the K-1 visa holder must apply for a Green Card (lawful permanent residence).
Police certificates for K-1 visa applicants expire after one year, unless the certificate was issued from the applicant's country of previous residence and they have not returned since. In Brazil, police certificates are only issued for applicants over the age of 18. Each applicant over 18 must present two police certificates: a State Police (Secretaria de Segurança Pública) certificate and a Federal Police (Polícia Federal) certificate.
K-1 visa applicants are also encouraged to get the vaccinations required under US immigration law for immigrant visa applicants. Although such vaccinations are not required for K-1 visa issuance, they will be required when adjusting status to that of a legal permanent resident following marriage.
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Frequently asked questions
No, K-1 visas are only available to people coming to the United States to marry a U.S. citizen.
The K-1 visa is a non-immigrant visa for foreign citizens who wish to marry a U.S. citizen and become a legal permanent resident in the U.S. without having to leave the country.
A K-1 visa is valid for 90 days. If the K-1 visa holder does not marry their U.S. citizen fiancé(e) within this period, they will be required to leave the U.S.
The foreign spouse can apply for a Green Card (lawful permanent residence) by filing Form I-485.
The K-1 visa applicant must provide a birth certificate, proof of termination of any previous marriages, and a military record (if applicable). They must also submit a police certificate from each country of residence for more than six months since the age of 16, and a sealed medical examination form.
