​​​​​​Hyden Zakheim, LLP​

Attorneys at Law

(925) 831-0636

Providing effective representation locally, since 1991.

K-1 Fiance Visa and

K-2 for children of K-1 Visa Holder

A fiancé visa or K-1, is actually a travel document that allows a foreign Fiancé of a U.S. Citizen to enter the United States for 90 days just for the purpose of getting married. IF you are not yet married, consider using the fiancé visa as it is generally considered the fastest way to legally bring a foreign fiancée to the U.S. with intention of marriage and immigration.

There are two basic steps to the process: first the US Citizen files a Petition for the Alien Fiancé. Once the Petition has been approved, the second step is to file the foreign fiancé visa application, including affidavits of support. The Foreign Fiancé’s interview is then scheduled at his or her country’s US Embassy or Consulate, where the visa is eventually issued


My fiancé has a child, can we get a visa for the child? 
As long as the child is under the age of 21 and is unmarried, a K-2 visa will allow the child to accompany the parent fiancé to the US.

The Fiancé Visa is issued, now what? 
Your fiancé is now free to enter the United States. The marriage between the Petitioner and the Fiancé must take place within 90 days of the fiancé’s date of entry. If the marriage does not take place within the 90 day window, or if the fiancé marries someone else, the fiancé must leave the United States after 90 day stay.

Am I eligible to file a Petition for a Fiancé Visa? 
Any U.S. Citizen who intends to marry a foreign national in the United States may file the K-1 Petition. The U.S. Citizen and foreign Fiancé must be entitled to legally marry under US law. At a minimum, this means they are both currently unmarried and are of age. It is also required that you and your fiancé have met in person within the last two years prior to the filing of the Petition.

I have never met my Fiancé in person. Are visas ever issued to couples who have not met? 
Generally no. However, there are exceptions for limited circumstances in which fiancé visas have been granted to those who have never met. The most common example of this rare occurrence is for couples who have not met in person due to religious reasons or in extreme hardship cases.

Now that my fiancé is in the US and we have married within the 90 days, how does she get her “green card”? 
This next step is called the Adjustment of Status. This entire process can happen through the USCIS and will require the filing of the proper documentation as well as an interview with an immigration officer.