Non-Immigrant Visas

Fiance (K-1)

A United States Citizen may be eligible to sponsor his fiancé to enter the U.S. in order to get married. Once the marriage has occurred within ninety days of the alien’s arrival into the U.S, the alien fiancé must then either adjust his status to permanent residency or depart from the U.S.

An alien may be eligible for a fiancé visa if:

1. You are outside the United States;
2. Your petitioning fiancé is a United States citizen;
3. Both you and your fiance are free to marry; and
4. The two of you have seen each other in person at least once over the past two (2) years, with limited exceptions.

Upon approval of the fiancé petition by the appropriate Service Center of the USCIS, the petition gets forwarded to the National Visa Center (NVC). The NVC processes the petition and forwards it to the requested U.S. Consulate overseas. The alien fiancé will be notified by the U.S. Consulate what documents are necessary in order to receive the K-1 visa. The alien will need to receive a police background check and obtain a medical examination by an approved physician. The U.S. petitioner will need to provide evidence of a financial ability to support the alien fiancé while in the U.S. Upon receipt of the K-1 visa, the alien fiancé can enter the U.S. and must marry within ninety (90) days. Any unmarried children under twenty-one (21) years of age of the K-1 beneficiary may enter the U.S. on a K-2 visa.

The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:

1. Ambassador, public minister, or career diplomatic or consular officer;
2. Visitor for business or pleasure;
3. Individual in immediate and continuous transit;
4. Alien crewman;
5. Treaty investor or trader;
6. Academic student;
7. Designated principal representative of a foreign government;
8. Temporary worker;
9. Representative of the foreign press, radio, film;
10. Participant in an approved exchange program;
11. Fiance of a U.S. citizen;
12. Intracompany transferee;
13. Vocational student;
14. Parent or child of an alien with special immigrant status;
15. Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
16. Artist or entertainer;
17. Participant in an approved international cultural exchange program;
18. Religious worker;
19. Criminal informant;
20. Victim or informant of trafficking;
21. Victim and informant of certain criminal activity; and
22. Certain beneficiary of permanent residency application filed by lawful permanent resident.

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