For many couples, marriage might not be the immediate next step. Whether because the relationship is new, they want time to live together first, or they’ve been misinformed about their immigration options, the K-1 Fiancé Visa (Form I-129F) often seems like a viable route. However, the reality is that this option may not be ideal for most couples. Here’s why.

Why Choose the K-1 Fiancé Visa

There are various reasons why couples might initially lean towards the K-1 Visa, including:

• New Relationship: They want to spend more time together before getting married.
• Living Together First: They want to live together in the U.S. before tying the knot.
• U.S. Wedding: They prefer to have their marriage ceremony in the U.S.

While these are valid reasons, there may be more efficient paths for couples.

Why the K-1 Visa May Not Be Ideal

More Steps, Forms, and Filing Fees: The K-1 Visa process involves more steps than the marriage-based I-130 process. Couples must file additional paperwork, interact with government agencies more frequently, and pay more in filing fees.

Timing: The K-1 visa process is slightly faster than applying after marriage via consular process. However, the secondary process of applying for a green card after entering the U.S. and marrying means that the entire process, from start to finish, is typically longer.

90-Day Deadline to Marry: Once the foreign fiancé enters the U.S., the couple must marry within 90 days. While it’s possible to marry after 90 days, the process then reverts to a standard I-130 Petition. The strict timeline may pressure couples who aren’t yet ready to get married.

Work Authorization Delays: After arriving on a K-1 Visa, the foreign fiancé cannot work immediately. They must file Form I-765 for Employment Authorization. The work authorization they receive is valid only for 90 days after their entry into the United States. They may also apply for work authorization at the time they apply for their green card. However, in practice it may be several months before the Form I-765 is approved. In contrast, couples who marry abroad, apply via consular process, and enter the U.S. with an Immigrant Visa (Green Card) would have work authorization upon landing as a permanent resident.

Why Some Couples Still Choose the K-1 Visa

Despite its challenges, the K-1 Visa may get the foreign fiancé into the U.S. a few months faster than the marriage-based Green Card process. For couples eager to reunite, this shorter timeline can be appealing. The K-1 Visa may also make sense when it’s impractical for the couple to marry beforehand - for example, in situations where the beneficiary spouse needs a visitor visa.

The K-1 Fiancé Visa Process: What to Expect

To begin the K-1 process, couples must file Form I-129F along with the USCIS filing fee. This petition requires background information about both individuals and their relationship, similar to Form I-130 for marriage-based immigration. However, there are several key differences:

• Physical Meeting Requirement: The couple must prove they’ve met in person at least once within two years of filing. Exceptions are rare and only granted in extreme circumstances.

• Criminal History Disclosure: The U.S. citizen petitioner must disclose any criminal history. Depending on the severity and number of charges, this can cause problems during the application process.

• Intent to Marry Letter: Both the U.S. citizen and foreign fiancé must submit a letter affirming their legal ability and intent to marry within 90 days of the foreign fiancé’s arrival. 

Next Steps After K-1 Approval

Once Form I-129F is approved, the foreign fiancé must go through consular processing, including an interview at the U.S. embassy. After arriving in the U.S. and getting married, the couple will need to file Form I-485 (Adjustment of Status) to apply for a Green Card. An in-person interview may also be required at this stage.

It’s important to note that the foreign fiancé can only adjust their status based on marriage to the original U.S. petitioner. If the foreign fiancé marries someone else after arriving in the U.S., they cannot use their previous K-1 status to adjust and obtain a Green Card.

Is the K-1 Visa Right for You?

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