Applications for K-1 visas can only be filed by U.S. citizens. These K-1 visas are temporary visas that will allow the fiancé(e)s of US citizens to travel to the United States as non-immigrants and remain there for a 90 day period. Within those 90 days, K-1 fiancé(e)s need to get married to the US citizens who sponsored them. If they fail to get married within that time period, they need to return to their home countries. Permanent residents cannot bring their fiancé(e)s to the United States and get married to them here. This applies only to the U.S. citizens.
California Service Center, Texas Service Center and the Vermont Service Center are the USCIS service centers that process applications for K-1 and K-2 visas. These service centers take around five months to process K-1 and K-2 visa applications.
As a U.S. citizen, you can bring your fiancé(e) to the United States on a K-1 visa and get married here. Your fiancé(e)’s child (if any) can also be brought to the country on a K-2 visa.
To get your fiancé(e) a K-1 visa, you need to file Form I-129F, Petition for Alien Fiancé(e). You need to file this form along with a proof of your citizenship status in the country. Apart from that, you need to prove that you intend to marry your fiancé(e) in the United States. You and your fiancé(e) must be legally free to marry and must have met each other in person within the past two years.
After you file Form I-129F with the USCIS, the agency will review your petition and forward it to the National Visa Center(NVC)after approval. The NVC will adjudicate the petition and send the approved petition to the overseas U.S. consulate or embassy. The U.S. Department of State Consular Post will schedule your fiancé(e) for a visa interview. Your fiancé(e), if found to be eligible, will be issued a K-1 visa.
Your fiancé(e) can then travel to the United States to get married to you. You need to remember that you will have to get married within 90 days of admission. After getting married, your fiancé(e) can apply for adjustment of status and adjust status to a conditional permanent resident. He or she will then be issued a conditional green card as a proof of his or her lawful status in the country.
In case your marriage does not take place within the 90 day window, your fiancé(e) will not be able to remain in the country. If you again seek to get your fiancé(e) a K-1 visa, you will have to repeat the whole process for the second time.