A K-1 visa allows a United States citizen to bring a fiancé or fiancée to the and a single entry into the United States — meaning the fiancé or fiancée has no
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SUMMARY OF PROCESS
FOR THE K-1 FIANCÉ/FIANCÉE PROGRAM
AK-1 visa
allows a United States citizen to bring a fiancé or fiancée to the United States for the purpose of marriage
and becoming a lawful permanent resident. The5-step
process involvesU.S. Citizenship and Immigration Services
(USCIS) , the U.S.Department of State
(DOS) andU.S. Customs and Border Protection
(CBP) . (i) indicates an informational item.The U.S. citizen (the petitioner)
filesForm I-129F, Petition for Alien Fiancé(e)
, with USCIS. The petitioner must show that both parties are free to marry and intend to marry within 90 days of the foreign national"sadmission to the United States as a K-1 nonimmigrant. Generally, the U.S. citizen and the fiancé or fiancée must
have met each other in person during the 2 years before filing the petition. For more details, see uscis.gov/i-129fUSCIS performs background checks*
on both individuals as part of the Form I-129F adjudication.DOS notifies the U.S. citizen petitioner
when it is time for the foreign fiancé or fiancée to apply for the K-1 visa.DOS conducts background checks
, including fingerprint checks, on the K-1 visa applicant (the foreign fiancé or fiancée). The visa applicant must bring documents to the visa interview including proof of the relationship and proof of medical examination. If a DOS consular o?icer finds that the applicant is a bona fide fiancé or fiancée eligible for the visa, and is not inadmissible or otherwise ineligible for the visa, DOS will issue a visa that is valid for no more than6 months
and a single entry into the United States meaning the fiancé or fiancée has no more than6 months
to travel to the United States and seek admission.As with any visa, the K-1 nonimmigrant visa simply allows an individual to travel to the United States to
seek admission at a port of entry. Having a K-1 visa does not guarantee admission. To obtain lawful permanent residence a?er the marriage, the foreign national spouse must apply to USCIS forAdjustment of Status
.Admission on a K-1 visa is conditioned on marrying the same U.S. citizen petitioner within those 90 days. This
period cannot be extended and a K-1 visa holder, with limited exception, cannot change to a di?erentnonimmigrant classification without first leaving the United States to obtain the di?erent classification. Inspection by CBP to make an admissibility decision at the port of entry includes all necessary systems queries,
to include the collection of biometrics, and an interview. If CBP admits the K-1 visa holder, the period of admission is 90 days. Once married, the foreign national spouse should fileForm I-485, Application to Register Permanent
Residence or Adjust Status
, as soon as possible. For more details, see uscis.gov/i-485 If lawful permanent residence is granted before the second anniversary of the marriage, the foreign spouse willbe given 2-year conditional permanent resident status and a Green Card* valid for 2 years. (If permanent
residence is not granted until a?er the second anniversary of the marriage, the applicant will be given lawful
permanent resident status without conditions and a Green Card valid for 10 years.) In processing Form I-485, USCIS conducts background checks on both spouses, including fingerprint checks on
the foreign spouse, and may interview both spouses. A conditional permanent resident must petition to remove conditions on his or her status within90 days
prior to the end of his or her conditional resident status. A conditional Permanent Resident Card cannot be renewed The conditions must be removed, or the conditional permanent resident will lose lawful permanent resident status and be subject to removal from the United States. During the process of removing conditions, USCIS determines if the marriage is bona fide and again conducts background and fingerprint checkson the conditional permanent resident, and may interview both spouses.To remove conditions, a conditional permanent resident files Form I-751, Petition to Remove Conditions on Residence, jointly with the U.S. citizen spouse, unless a waiver to the joint filing requirement applies. For details
and exceptions, see uscis.gov/i-751.uscis.govIf USCIS approves the Form I-129F, the approval means that USCIS recognizes there is an intended marriage.
USCIS will notify the petitioner and send the
approved petition to the Department of State"s National Visa Center (NVC). An approval does not give the foreign national permission to travel to the U.S. and does not guarantee that the Department of State will issue the K-1 visa. *Background checks include checks of criminal, national security and other information.In the interest of public safety and national security, this document omits operational details of specific background checks.