can my fiance work on a k1 visa?

If you are a US citizen and want to bring your foreign fiancé(e) to the US to marry, you will need to file Form I-129F, Petition For Alien Fiancé (e). This is the first step toward obtaining your fiancé’s K-1 nonimmigrant visa (e). A fiancé(e) visa is another name for the K-1 nonimmigrant visa.

To obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry within 90 days of your fiancé(e-entry )’s into the United States as a K-1 nonimmigrant.

Your marriage must be valid, which means that both you and your fiancé(e) have a genuine desire to start a life together and that the marriage is not solely for the purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of arriving in the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status (a Green Card).

Your spouse or fiancé(e) is not eligible for a fiancé(e) visa if you have already married, plan to marry outside the United States, or your fiancé(e) is already legally residing in the United States.

For more information on how to assist your foreign spouse in applying for a Green Card, visit the Bringing Spouses to Live in the United States as Permanent Residents.

Can my fiancé work on a K-1 visa?

Yes, but you must first apply for work authorization by submitting Form I-765 (Application for Employment Authorization). This employment authorization, like the K-1 visa, is only valid for 90 days, beginning on the day you arrived in the United States.

Eligibility for Fiancé(e) Visas

If you meet the following criteria, you may be able to bring your fiancé(e) to the United States on a fiancé(e) visa:

1. You are a US citizen;

you and your fiancé(e) intend to marry within 90 days of your fiancé(e-admission )’s to the US on a K-1 nonimmigrant visa; you and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the US and any previous marriages have been legally terminated by divorce, death, or annulment); and you and your fiancé(e)

You and your fiancé(e) met in person at least once in the two years preceding the filing of your petition. You may request a waiver of this in-person meeting requirement if you can demonstrate that meeting in person would: violate strict and long-established customs of your fiancé(e-foreign )’s culture or social practice; or violate strict and long-established customs of your fiancé(e-foreign )’s culture or social practice.

As a result, you, the US citizen petitioner, will face extreme hardship.

How to Bring Your Fiancée(e) to the United States

USCIS, the US Department of State (DOS), and US Customs and Border Protection are all involved in the process of bringing your fiancé(e) to the United States (CBP).

Background and security checks on both you and your fiancé may be performed at each stage of the process (e).

This may include searches in various databases for national security, criminal history, and other information about you and your fiancé (e). These checks are carried out using fingerprints, names, or other biographic or biometric information.

Step 1: Petition for Fiancé(e) – USCIS

Form I-129F, Petition for Alien Fiancé(e), is filed in accordance with the form instructions. This form requests that USCIS recognize your relationship with your fiancée (e).

Your Form I-129F will be filled and the documents you submitted. If there is a need for additional documentation or information, a mail will be sent to you.

If you establish your eligibility, your Form I-129F will be approved and recognize the claimed fiancé(e) relationship. Otherwise, we will deny your Form I-129F and notify you of the reasons for the denial.

Step 2:  Visa Application – DOS

The NVC sends the approved Form I-129F to the US Embassy or consulate in the country where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is usually the US embassy or consulate in the city where your fiancé(e) lives.

When your fiancé(e-visa )’s interview is scheduled, the US Embassy or consulate notifies you.

Your fiancé(e) applies for the K-1 nonimmigrant visa and brings all necessary forms and documentation to the visa interview.

Your fiancé(e-eligibility )’s for the K-1 nonimmigrant visa is determined by the DOS consular officer.

If the consular officer grants the K-1 nonimmigrant visa, it is valid for a single entry for up to 6 months.

If the consular officer determines that the relationship is not genuine, the DOS will not issue a K-1 nonimmigrant visa and will instead return Form I-129F to USCIS. In general, Form I-129F remains expired if the Department of State sends it back after it has passed its expiration date. However, you have the option to submit a fresh Form I 129F.

Step 3:  Inspection at a Port of Entry – CBP

If the Department of State issues a K-1 nonimmigrant visa, your fiancé(e) may enter the United States and seek admission at a port of entry while the K-1 nonimmigrant visa is valid. A K-1 nonimmigrant visa, like any other visa, does not guarantee admission to the United States. The final decision on whether to admit your fiancé will be made by a CBP officer at the port of entry (e).

Step 4: Marriage

You and your fiancé(e) have 90 days to marry if your fiancé(e) is admitted as a K-1 nonimmigrant.

Permission to Work

After entering the United States on a K-1 nonimmigrant visa, your fiancé(e) may apply for evidence of work authorization immediately by submitting Form I-765, Application for Employment Authorization. In this case, your fiancé(work)’s authorization is only valid for 90 days after entering the United States.

Your fiancé(e) may also apply for work authorization while applying for a Green Card. In this case, your fiancé(e) may file Form I-765 alongside Form I-485. Your fiancé(work)’s authorization is valid for one year and can be extended in one-year increments.

FAQS

Can you apply for a work visa with a fiancé visa?

After entering the United States on a K-1 nonimmigrant visa, your fiancé(e) may apply for evidence of work authorization immediately by submitting Form I-765, Application for Employment Authorization. In this case, your fiancé(ework )’s authorization is only valid for 90 days after entering the United States.

Can my fiancé live in the US while waiting for a K-1 visa?

While waiting for a K1 Fiance visa or a K3 Spousal visa, a foreign national cannot enter the United States on a tourist visa or a Visa Waiver. For a temporary visit, you can use a B-2 tourist visa or the Visa Waiver Program.

How long does it take to get a work permit in the US after marriage?

You should receive your receipts within 2-3 weeks of filing. Your work permit will be mailed to you within 90 days of filing. In some states, the interview may be scheduled prior to the arrival of the work permit.