The K-1 Fiancé(e) Visa: In Brief

Summary

The K nonimmigrant visa category was created in 1970 through P.L. 91-225, which amended the Immigration and Nationality Act (INA). Within the K visa category, the K-1 visa is a visa for fiancé(e)s of U.S. citizens and the K-2 visa is a visa for the fiancé(e)’s children. Congress later enacted legislation to provide protections for fiancé(e)s, specifically creating requirements around the use of international marriage brokers, the disclosure of the U.S. petitioner’s criminal background, the provision of information to fiancé(e)s on their rights, and additional protections for minors.

A mass shooting on December 2, 2015, in San Bernardino, CA, where one of the suspected shooters entered the United States on a K-1 visa, has drawn increased attention to the visa category. This tragedy has spurred questions surrounding the K-1 visa national security screening process and any possible gaps. Some Members of Congress have suggested including a review of K-1 applicants’ social media accounts into the screening process.

In order to qualify for a K-1 visa, a U.S. citizen must file on behalf of his/her fiancé(e) and provide evidence that (1) the parties have met in person within two years of the petition’s filing, (2) the parties have a bona fide intention to marry, and (3) the parties are legally able and willing to be married in the United States within 90 days of the fiancé(e)’s arrival. The petitioner must first file a petition with the Department of Homeland Security’s (DHS’s) U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, it is sent to a U.S. Embassy or Consulate in the home country of the foreign national, where it is determined if the fiancé(e) is eligible for admission to the United States. Although the K-1 visa is a nonimmigrant visa, the fiancé(e) intends to remain in the United States and is therefore also subject to the admission requirements of immigrant visas.

K visa applicants’ national security screening entails the use of biographical, biometric, and photographic data. The data are entered into consular-based databases, such as the Consular Consolidated Database (CCD) and Consular Lookout and Support System (CLASS), which flag problems that may have an impact on the issuance of a visa or matches to any derogatory information. Consular offices send suspect individuals’ applications for greater review to other agencies, such as the Federal Bureau of Investigation (FBI) and the National Counterterrorism Center (NCTC). In 2013, NCTC began conducting interagency counterterrorism screening of all visa applicants and in 2015, DHS began pilot programs to incorporate social media screening into its vetting of applicants for certain immigration benefits.

Once visa applicants have been approved and their security clearances are completed, they can travel to the United States, where they must marry their U.S. citizen petitioners within 90 days of their arrival. Once married, the fiancé(e) adjusts to a conditional residency and after two years can become a lawful permanent resident.

In FY2014, the U.S. Department of State issued 35,925 K-1 visas. Asia received the largest portion of K visas at 46%, with the Philippines being the country with the highest number of K visas at 8,525 visas.