Any U.S. Citizen can bring their fiancé to the United States. A U.S. citizen must be the sponsor of a K-1 visa application. When your fiancé is in the U.S. in K-1 status, he or she can apply immediately for Employment Authorization for permission to work in the U.S. by filling out form I-765.

Lawful Permeant Residents living in the U.S. cannot sponsor a K-1 Fiancé visa, however your fiancé may be eligible to immigrate to the U.S. through a different visa status. Consultation with an experienced Chicago Immigration Lawyer when applying for a K-1 visa will help you with all issues related to obtaining a visa.

At The Odeh Law Group, we counsel citizens and non-citizens about the necessary steps to complete the process of applying for visas and travel documents, including helping them resolve any immigration issue they may encounter. 

Applying for a K-1 visa requires filing of form I-129F [Petition for Alien Fiancé]. After the petition is approved, it will be sent to the U.S. consulate where your fiancé lives. A medical exam, a police certificate, and an interview at the consulate will be required at this step. Upon visa issuance, the fiancé has six months to enter the United States and must marry the U.S. fiancé within 90 days of entry into the United States.

You must show that:

• You (the petitioner) are a U.S. citizen
• You intend to marry within 90 days of your fiancé’s entrance to the U.S.
• Any previous marriages have been legally terminated
• You and your fiancé have met in person within the last two years. A waiver for in person meeting is available if:

• Showing that you met in person will result in extreme hardship
• The requirement to meet in person would violate strict and long-established customs of your or your fiancé's culture or social practice.

After the marriage occurs, your spouse is eligible to apply for a K-3 nonimmigrant visa by filing I-130 and adjustment of status. (form I-485) to lawful permanent resident. Read more about how to petition for your spouse on our website.