There are several ways for a U.S. citizen to bring his or her foreign fiancé to the United States, but each type of visa has different requirements. It is important to understand the eligibility criteria and required documents before applying for an immigrant visa for a fiancé.
A dual intent visa, or K1 and K2 visa, is issued to the fiancé of a U.S. citizen. With this visa, the immigrant partner is required to marry the U.S. citizen partner within 90 days of entering the country, and adjust his or her status to that of a permanent resident. If the foreign-born individual has children, he or she can apply for a K2 visa that permits unmarried children to enter the United States. To apply for a K1 visa, one must file a petition on behalf of the fiancé with the United States consulate.
The K3 and K4 visas allow the spouse of a U.S. citizen (non-resident) to waive approval from the United States Citizenship and Immigration Services on the U-130 petition and enter the country. The K4 visa can be applied to unmarried children under 21 years old. To be eligible, one must have had a valid marriage with a U.S. citizen, filed an I-130 form and earned approval on the I-129F form. Individuals applying for this visa should expect to wait about eight months to receive it.
One must have a valid passport, birth certificate, medical examination and police certification from all places of residence since the age of 16 to apply for the K3 visa. The visa sponsor must have completed and signed the I-130 form, as well as the G-325A biographic data sheets, have evidence of citizenship and have proof of a relationship.
The IR1/CR1 visa requires a couple to be married before applying, but does not require AOS or AP to travel or EAD to work.