K-1 Fiancé Visas & K-3 Spouse Visas

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To bring your fiancé to the United States for marriage, you must be a U.S. citizen, and you must sponsor his or her K-1 visa application. Visa sponsors are financially responsible for sponsees, but once your fiancé is in the U.S. in K-1 status, he or she is also eligible to apply immediately for permission to work in the U.S. by filing Form I-765 (Application for Employment Authorization).

If you are a lawful permanent resident (LPR) in the U.S., you may not sponsor a K-1 fiancé visa, but your fiancé may be eligible for admission to the U.S. in another visa status. It is important to consult a knowledgeable and experienced Houston immigration lawyer about applying for a K-1 visa and any issues related to obtaining the visa.

At The Law Office of Mana Yegani, citizens and noncitizens find the straightforward counsel necessary to complete the processes of obtaining visas and travel documents, as well as help resolving other immigration issues as they arise.

Petitioning for K-1 Fiancé Visa

Petitioning for a K-1 visa requires completion of Form I-129F [Petition for Alien Fiancé]. Once the petition is approved at the U.S. embassy or consulate in your fiancé's home country, he or she must apply for a K-1 visa through the embassy or consulate, which requires an interview and medical exam. Upon visa issuance, your fiancé has six months to enter the U.S., and your marriage must take place within 90 days of his or her admission to the U.S. If the marriage does not occur within 90 days, he or she will have to leave the U.S. or be deported/removed.

K-1 Visa Eligibility

You must show that:

• You (the petitioner) are a U.S. citizen
• You intend to marry within 90 days of your fiancé's entrance to the U.S.
• You and your fiancé are free to marry and any previous marriages have been legally terminated.
• You met your fiancé in person at least once within two years of filing your petition. A waiver is required for exceptions to this, which include:
  • Proving the requirement would result in extreme hardship for you.
  • The requirement to meet in person would violate strict and long-established customs of your or your fiancé's culture or social practice.

Petitioning for K-3 Spouse Visa

Following your marriage ceremony, your spouse is eligible to apply for a nonimmigrant K-3 visa through Petition for Alien Relative (Form I-130) and Adjustment of Status (Form I-485) to lawful permanent resident. Read more about how to petition for your spouse on our website.