A Practical Guide to Immigration for Fiancées of American Citizens

U.S. citizens have a number of options to bring their spouses or fiancees and their children to the United States to become lawful permanent residents. These options fall under the IR, CR and K visa categories, each having its own set of requirements and procedures.

A K-1 Visa, also known as a Fiancee Visa, is a 90-day visa that allows a foreign Fiancee of a US Citizen a single entry into the United States for the purpose of getting married. The process is extremely detailed and very complex, but it is always the fastest way to bring your fiancee to the United States.

In order to qualify for a Fiancee Visa, you must meet the following main requirements:

• You are a U.S. citizen
• You have met your fiancee within the previous two years
• You and your fiancee are both legally free to marry
• You and your fiancee both have a serious intention to marry within 90 days of your fiancee’s arrival in America.

What Documents Do You Need to Show That You Are a U.S. Citizen?

A. If you were born in the United States, give USCIS a copy, front and back, of your birth certificate.

B. If you were naturalized, give USCIS a copy, front and back, of your original Certificate of Naturalization.

C. If you were born outside the United States and you area U.S. citizen through your parents, give USCIS:

1. Your original Certificate of Citizenship, or

2. Your Form FS-240 (Report of Birth Abroad of a United States Citizen).

D. In place of any of the above, you may give USCIS a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

What Documents Do You Need to Prove That You Can Legally Marry?

A. Provide copies of evidence that you and your fiancée have personally met within the last two years; or if you have never met within the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting; and

B. Provide original statements from you and your fiancée whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent; and

C. If either of you is of an age that requires special consent or permission for you to marry in the jurisdiction where your marriage will occur, give proof of that consent or permission; and

D. If either you or your fiancée were married before, give copies of documents showing that each prior marriage was legally terminated.


American citizens who plan to marry their fiancée in the United States must file a petition with the USCIS office that has jurisdiction over the petitioner's place of residence.

Once approved, the petition is sent to NVC, which forwards it to the Embassy in the foreign Fiancee's country. The Embassy will send the fiancé(e) information on how to apply for the K-1 visa, including the medical examination and the visa interview.

Petitioners and beneficiaries are encouraged to gather complete documentation prior the interview appointment. Submission of incomplete documentation could result in delays with processing of the K-1 visa.

Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued “K-2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period.

The K-1 petition is a single entry visa that is valid for six months from the date of its approval. If the petition expires, a consular officer may revalidate it for another four months (provided that both parties remain legally free to marry).

Frequently Asked Questions About the K-1 Fiancé(e) Visa
How does one apply for a K-1 visa?
A fiancé(e) needs an approved I-129F petition to apply for a “K-1” visa. Only a U.S. citizen may file a fiancé(e) petition. This is done at the U.S. Citizenship and Immigration Services office that has jurisdiction over the place where the U.S. citizen resides.

What are the documents a K-1 applicant needs to submit?
A fiancé(e) is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant. These include: a valid Philippine passport; a copy of the applicant's birth certificate issued by the National Statistics Office (NSO) and printed on NSO security paper; legal documents proving the termination of a previous marriage (if applicable); NBI clearance; police certificates from all foreign countries where the applicant lived for at least six months starting at the age of 16; evidence of the relationship with the petitioner; evidence of financial support; a medical examination and visa photographs. Evidence must be presented that the couple met in person within the past two years before the petition was filed.

Can an applicant request an earlier visa appointment?
If an applicant wishes to advance the visa interview appointment, he/she should write the Embassy or call the Immigrant Visa Call Center to request an earlier appointment. Requests for earlier appointments are granted only if there are available slots.

How much time is given to complete the K-1 visa application?
A K-1 petition is valid for six months from the date of its approval. But this may be revalidated by a consular officer provided that both parties are still legally free to marry. It is recommended to gather all the necessary documents for the visa interview appointment as soon as possible.

Does the “K-1” visa grant an immigrant status and entitle the fiance to a green card?
No, it does not. The K-1 visa is a non-immigrant visa, which allows the holder to stay in the United States on a temporary basis. After the marriage takes place, the alien spouse must contact the USCIS to obtain conditional permanent residence status. The spouse may apply for removal of the conditional status and become a lawful permanent resident after two years of marriage to the U.S. citizen spouse.

What should the fiancee do upon entry into the United States?
The fiance(e) has 90 days from admission into the United States to marry his/her petitioner. The K-1 visa does not allow the bearer to marry anyone other than the petitioner. After the marriage, the couple must contact the USCIS to register for conditional permanent resident status for the spouse. Contact the USCIS in the United States for further information regarding the K-1 visa bearer’s status while in the United States. For further information, please click here

Can the K-1 visa be used to travel in and out of the United States?
No. The K-1 visa is a single-entry visa, which means that the K-1 bearer who leaves the United States without changing marital and immigration status will not be able to re-enter the country on the same visa. A new petition and visa would be required.

What are the main reasons a K-1 visa is denied?
K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of a petitionable relationship; misrepresentation of the facts; medical concerns; criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a marriage has been terminated. An American may terminate a marriage through a U.S. divorce.

Can family members of the fiancee be included in the petition?
Only the unmarried, minor children (below 21 years old) of the fiance can be included in the K-1 petition. They are eligible to apply for a K-2 visa. If they are unable to depart with their parent, children who are named in the petition have one year (from the time the K-1 visa is issued) to be issued K-2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time. Otherwise, the children will no longer be able to derive any immigration benefit from their parent’s K-1 visa and new immigrant visa petitions need to be filed on their behalf.

Can the fiancee work in the U.S. with a K-1 visa?
Yes. When the fiance enters the United States he/she will be eligible to apply for a work permit with the USCIS.

What fees are involved in obtaining a K-1 visa?
There is a $350 non-refundable application/processing fee for each K visa applicant. This fee is payable in U.S. dollars or its current peso equivalent. This is paid at an accredited branch of Banco De Oro and Citibank. The required medical examination costs are U.S. U.S. $213.35 for adults (15 years and older) and U.S. $185.35 for children (under 15 years of age).

What if the fiancee must delay their arrival in the U.S.?
The K-1 visa is valid for a maximum of six months. If the visa bearer is unable to leave for the United States immediately and the visa expires, a new one may be issued upon written request to the Embassy and the payment of another application fee of U.S. $350.

About 50% of fiancees fail to receive their visa on the day of interview. Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays. Get your bride by your side quickly by using our professional services. We are experts with the K1 fiance visa process and K1 visa preparation. We work exclusively with U.S. clients who have a foreign fiancee.