The Benefits and Conditions of K-1 Visa

The K-1 fiancée visa is a nonimmigrant visa which allows the fiancé or fiancée of a U.S. citizen to enter into the U.S. and get married to the U.S. citizen. The benefits of the K-1 visa include:

1) The K-1 fiancée visa generally has a shorter processing time compared to marriage-based immigration visa petitions;

2) The alien fiancée/fiancé can apply for a work permit by filing Form I-765 and engage in employment;

3) The children of alien fiancée/fiancé can accompany the alien to the U.S. on the K-2 dependent visa, as long as they are named in the fiancée visa petition.

Until the marriage takes place, the alien fiancée/fiancé is considered a non-immigrant. The fiancée/fiancé may enter the United States only one time with a fiancée visa. If the fiancée/fiancé leaves the country before you are married, the fiancée/fiancé may not be allowed back into the United States without a new visa. 

If the marriage does not take place within 90 days, or the fiancée/fiancé marries someone other than the U.S. citizen filing the petition, the fiancée/fiancé will be required to leave the United States. If the fiancée/fiancé intends to live and work permanently in the United States, the fiancée/fiancé should apply to become a permanent resident after the marriage. If the fiancée/fiancé does not intend to become a permanent resident after the marriage, the new spouse must leave the country within the 90-day original non-immigrant admission.