To qualify for a K1 Visa, also known as a fiancee visa, the petitioner must be a U.S. Citizen and have plans to marry within 90 days after the foreign fiancé arrives in the U.S, the U.S. Citizenship and Immigration Services explains. Both parties must be legally free to marry.
The couple looking to marry must have met in person at least once during the previous two years before the filing of the petition, the U.S. Citizenship and Immigration Services advises. If they were unable to meet because of cultural customs or tradition, or the meeting caused a hardship, an additional waiver is necessary. After the visa is approved, the fiancee can legally enter the country, and the couple is free to marry.
If for some reason the couple is unable to marry within the mandated 90 days, the fiancee must return to her country and reapply for the visa. Once the marriage is legal, the fiancee may apply for permanent residency and can reside in the marital home until the process is complete. If the fiancee has unmarried children under 21 years of age, they are included on the initial K1 Visa petition, the U.S. Citizenship and Immigration Services explains.