K-1 And K-2 Visa Eligibility Requirements

K-1 Fiancé Visas

The process of obtaining a K-1 visa begins with the fiancé who is a U.S. citizen filing Form I-129F, Petition for Alien Fiancé. In order for a U.S. citizen to be eligible to file Form I-129F, both fiancés must:

• Intend to marry within 90 days of the foreign fiancé’s admission to the United States;
• Be legally free to marry in the United States (i.e. any previous marriages have been legally terminated); and
• Meet in person at least once within the two-year period prior to the filing of Form I-129F (or request a waiver based upon “long-established customs” or extreme hardship).

Once the Form I-129F filing has been approved, USCIS will forward the approval to the U.S. Embassy or consulate in the foreign fiancé’s country of residence, and then he or she will be able to apply for a K-1 visa. As long as the marriage takes place within 90 days of the foreign fiancé’s admission, the foreign fiancé can then apply for a green card using Form I-485, Application to Register Permanent Residence or Adjust Status.

K-2 Visas for Children of Fiancés

K-2 visas are available to children of fiancés traveling on K-1 visas who are unmarried and under 21 years of age. When filing Form I-129F, the U.S. citizen-fiancé must include the name of each child for which admission to the United States is sought. Each child must remain unmarried and under age 21 at the time of entry and must travel to the United States with or after his or her parent. As long as the parent’s marriage takes place within 90 days, a child traveling to the U.S. on a K-2 visa will become eligible to apply for a green card provided that he or she remains unmarried.