Job Offers & K-1 Fiancé Visas
So, you're getting hitched! Congratulations! Your fiancé(e) is amazing, and they even have a job offer in the US – that's fantastic news. But can they come to the US on a K-1 visa to get married and work right away? Let's break it down.
The K-1 Visa: All About Love
The K-1 visa is designed for one thing: bringing your foreign fiancé(e) to the US so you two can get married. The job offer is great, but it doesn't affect the K-1 visa application itself, as long as you meet the other requirements.
Here's the Need-to-Know:
The K-1 Visa's Mission: This visa is specifically for soon-to-be spouses who are citizens of other countries. You have 90 days after your fiancé(e) arrives to tie the knot.
Job Offers on Hold: While the job offer is exciting, your fiancé(e) can't start working until they have official permission. This comes in the form of a work authorization document (EAD).
What You Need to Apply:
You, the US citizen, will file Form I-129F, Petition for Alien Fiancé(e), with USCIS.
You both need to have met in person within the last two years (unless there's a special exception).
Both of you must be legally able to get married and intend to say "I do" within 90 days of your fiancé(e) entering the US.
Getting Work Authorization:
Here's the good news: Once you're married and your fiancé(e) has a K-1 visa, they can apply for an EAD by filing Form I-765 with their adjustment of status application (Form I-485). Once approved, they'll be legally allowed to work in the US.
The K-1 Visa Process Step-by-Step:
Form I-129F: You, the US citizen petitioner, file this form with USCIS to get things started.
USCIS Review: USCIS will process the petition. If approved, it goes to the National Visa Center (NVC) for further processing.
Consular Processing: The NVC forwards the petition to the US embassy or consulate where your fiancé(e) will apply for the K-1 visa. They'll need to fill out Form DS-160 and attend a visa interview.
Visa Interview: Here, the consular officer will assess your relationship and eligibility. Your fiancé(e) will need to provide documents proving your relationship and your intent to marry.
Entering the US: With an approved K-1 visa, your fiancé(e) can enter the US, but remember, you have 90 days to get married!
Adjustment of Status: After you're married, your fiancé(e) can apply to become a lawful permanent resident (green card holder) and file Form I-765 for work authorization.
The Bottom Line:
Having a job offer in the US doesn't affect your fiancé(e)'s ability to get a K-1 visa. The K-1 visa is all about getting married. But don't worry, after you tie the knot, your spouse can apply for work authorization and start that dream job! Congratulations again, and best of luck with your future together!