K-1 Fiancé(e) Visa

Who is eligible?

A fiancé(e) of a United States citizen who will travel to the United States to marry and take up indefinite residence after marriage may be eligible for a fiancé(e) visa. To qualify for a fiancé(e) visa, the following criteria must be met:

• one party is a U.S. Citizen;
• both parties are legally free to marry;
• the parties have met in person at least once in the two years prior to filing the petition absent a waiver of the requirement; and
• the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.

How do I apply?

The first step in applying for a fiancé(e) visa is for the U.S. Citizen fiancé(e) (the petitioner) to file a petition on Form I-129F with the United States Citizenship and Immigration Services (USCIS) having jurisdiction over his/her place of residence in the United States. Note: The petition can only be filed with the USCIS in the United States; it cannot be filed or adjudicated abroad at a U.S. Consulate in Australia.

What happens to the approved petition?

USCIS will send the approved petition to the National Visa Center (NVC) in New Hampshire for additional processing before being forwarded to the Embassy or Consulate having jurisdiction over the fiancé(e) visa applicant's place of residence.

How long will the application take to process?

The period of time it will take to process the application will vary with each individual's circumstances. USCIS processing times are available on the USCIS website. A further three to six months should be allowed for the processing of the visa application once it is received by the Embassy or Consulate.

Children

Children under the age of 21 are eligible to derive status from the fiancé(e) visa petition filed on behalf of their parent; their name(s) should be included in the petition. If the U.S. citizen petitioner is the natural father of the child, the child may have claim to U.S. citizenship and, therefore, may be eligible for a U.S. passport.

Once the petition is approved and received in Sydney

Once the U.S. Consulate General in Sydney has received an approved I-129F petition entitling the beneficiary to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry a U.S. citizen, the beneficiary will be notified by email (known as 'Packet 3'). The beneficiary will receive these instructions to prepare for the interview appointment with a consular officer.

Upon arrival in the United States

Fiancé(e) status automatically expires 90 days after arrival in the United States. It cannot be extended. The fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits. If the fiancé departs the United States without having married, they cannot be readmitted on the fiancé visa and the petitioner will have to file another petition and start the process again.

After the marriage takes place, the beneficiary must file form I-485 with USCIS to adjust status to a conditional permanent resident. The beneficiary is not permitted to depart the United States or engage in employment until permanent residency has been granted, absent permission from USCIS.  If the beneficiary seeks to travel abroad or engage in employment after admission, the fiancé(e) should refer to the USCIS website for more information.