The K visa, also known as a fiancé(e) visa, is a nonimmigrant visa for the foreign fiancé(e) of a U.S. citizen. It allows the foreign fiancé(e) to enter the United States to get married and then apply for permanent resident status (green card) through marriage.

Here’s a breakdown of the K visa:

Purpose: The K visa is specifically for foreign citizens who are planning to marry a U.S. citizen within 90 days of entering the U.S. After getting married, the K visa holder can then apply for adjustment of status to become a permanent resident.

• U.S. Citizen Petitioner: You must have a U.S. citizen willing to petition for you (your fiancé(e)).

• Valid Relationship: You and your U.S. citizen fiancé(e) must have met in person within the past two years (with some exceptions). You must intend to get married and live together as a couple after entering the U.S.

• Legal Capacity to Marry: You and your fiancé(e) must be free to marry under both U.S. law and the law of your home country. This means you cannot be currently married to someone else.

• Financial Support: The U.S. citizen petitioner must demonstrate financial ability to support you once you enter the U.S.

Step 1: U.S. Citizen Petitions for Fiancé(e)

1. File Form I-129F: The U.S. citizen fiancé(e) files a Petition for Alien Fiancé(e) with USCIS. This petition includes various documents proving your relationship, such as photographs, sworn statements, and proof that you have met in person within the past two years (unless you qualify for a waiver).
2. USCIS Processes Petition: USCIS reviews the petition and may issue an approval notice (Form I-797).

Step 2: Fiancé(e) Applies for K Visa Abroad

1. Complete Online Visa Application (DS-160): Once the petition is approved, you (the foreign fiancé(e)) can apply for the K visa at a U.S. embassy or consulate in your home country. You will need to complete the Online Visa Application (DS-160) and pay the visa application fee.
2. Schedule a Visa Interview: You will likely be required to attend a visa interview at the U.S. embassy or consulate. Be prepared to answer questions about your relationship with your U.S. citizen fiancé(e) and your plans for getting married in the U.S.
3. Submit Supporting Documents: Bring all necessary documents to your interview, such as your passport, a copy of the I-129F petition approval notice, evidence of your relationship, and proof of financial support.

• Marriage Requirement: You must get married to your U.S. citizen fiancé(e) within 90 days of entering the U.S. on a K visa.
• Change of Status: After getting married, you can apply to adjust your status to permanent resident (green card) within the U.S. without having to return to your home country. You will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
• Consult an Attorney: The K visa process can be complex. It’s advisable to consult with an immigration attorney to ensure you are following the correct procedures and to increase your chances of a successful outcome.