Fiancé(e) Visa K-1
The K-1 Visa makes it possible to travel to the US to marry US citizen. Same-sex fiancé(e)s also qualify.
To apply for a K-1 Visa your US fiancé must first file a Fiancé Petition with USCIS. Only a US citizen can file this petition. After approval you can file your K-1 Visa Application.
One of the requirements for the K-1 visa is proof of your intention to marry. Think pictures of the dress you want to buy, the cake you intend to order, wedding invitations, gust list, other preparations. You must show proof-of-intent during the Visa Interview.
After you are married you can file for Adjustment of Status (AOS).
When AOS is approved you are issued a Conditional Green Card.
For real marriage only
The visa is not meant for long try-outs to see if you were meant for each other. It is also not meant for a common law marriage or for a relationship with a partner contract.
A K -1 Visa is a Non-Immigrant Visa. It is “dual intent” which means you are allowed to have the intent to immigrate (apply for a Green Card).
Nota Bene: You are not eligible for a K-1 Visa anymore if you married already, either in the US or in your home country.
If you have an unmarried child/children under 21 years of age, they can immigrate with you.
If a child is younger that 18 when you marry it counts as the stepchild of your US spouse. This makes the child eligible for a Green Card.
If the child is 18 year or older it cannot count as a stepchild of your US spouse anymore. He/she can Adjust Status based on your application, but the Green card must be issued before he or she turns 21.