The K-1 visa enables US Citizens to bring their foreign fiance(e) s to the United States in order to get married and pursue permanent residency. K-2 visa is issued to the unmarried children under 21 of the principle K-1 visa applicant or holder.
General Steps
1. File an I-129F, petition for fiance(e) visa with the regional service center of US Citizenship and Immigration Services (USCIS) that covers the state where the US citizen live;
2. I-129F is approved;
3. The fiance (e) applies for the K-1 visa at the US Consulate in the foreign country within four months;
4. Get K-1 visa and enter into US.
Basic Requirements
1. The parties must have met in person within the past two years (in some cases this requirement can be waived);
2. They must have a good faith intention to marry;
3. They must be legally able and willing to get married within 90 days of the alien's arrival in the US.
K-1 Visa's Validation
1. The visa is valid for 6 months and for one entry only.
2. The fiance (e) is allowed to enter the US once with the visa, with the purpose of getting married in 90 days after entry.
3. If there is a K2 visa involved, the K2 may enter up to a year after the K-1;
4. If the marriage does not occur, the alien must leave the US within their 90-day period of authorized admission. If they fail to leave within this time, they become subject to deportation.
Documents
Of the Citizen:
1. Your Certificate of naturalization, certificate of citizenship, or U.S. birth certificate;
2. Your Passport (if available);
3. If you has been previously married, provide documents to prove that all previous marriages were legally terminated (divorce decrees, or certificate of divorce);
4. If your name shown in the above mentioned documents have changed, provide legal documents to show how the name change occurred (i.e., a marriage certificate, adoption decree, court order, etc.)
5. Evidence that you have met your alien fiance (letters, photos, phone records etc.);
6. Two recent identical color photos (2"X2") of you;
7. Your past three years' tax returns or past three years' tax return of other sponsors, if any.
Of the Fiance:
1. Passport of your alien fiance;
2. If you has been previously married, provide documents to prove that all previous marriages were legally terminated (divorce decrees, or certificate of divorce);
3. If your name shown in the above mentioned documents have changed, provide legal documents to show how the name change occurred (i.e., a marriage certificate, adoption decree, court order, etc.);
4. Two recent identical color photos (2"X2") of you.