If you plan to come to the US to get married and stay here with your US spouse, in most cases, you will have to apply for a visa that allows you to do this. The K1 visa, also known as the fiancé(e) visa, is a nonimmigrant classification that allows the fiancé(e) of a US citizen to enter the United States for up to 90 days to get married and then apply for a Green Card to become a lawful permanent resident of the United States.

The K1 visa is an important family immigration route, allowing eligible couples to live together in the US once married. With so much at stake as you start your married life, taking professional advice can help ensure you follow the correct process and submit the required documentation to support your application.

Mistakes in paperwork or missed deadlines can cause significant setbacks, so it’s essential to understand the steps involved to avoid issues, delays or a potential visa refusal.

This article will guide you through the entire K1 visa process, from the eligibility requirements and the application steps to document preparation and post-visa steps, such as how to apply for a US Green Card once married.

 

Section A: What is a K1 Visa?

 

For couples committed to marriage, the K1 visa is an important first step in securing the foreign partner’s legal presence in the US and ensuring their ability to stay together permanently.

Commonly referred to as a Fiancé(e) visa, the K1 visa is designed for non-US nationals who are engaged to be married to a US citizen. It allows a foreign fiancé(e) of a US citizen to enter the United States for the purpose of getting married. The couple must marry within 90 days of the foreign partner’s arrival.

The intended marriage must be valid, meaning that both partners must have a bona fide intent to establish a life together, whereby the marriage must not be for the sole purpose of obtaining an immigration benefit.

Once married, the K1 visa holder can then apply for a marriage Green Card to live in the US with their spouse.

 

1. Who Needs a K1 Visa?

 

The following individuals typically need a K1 Visa:

 

a. Foreign fiancé(e)s of US citizens who are not yet married but plan to marry in the US.

b. Couples who have met in person at least once in the two years prior to filing for the K1 Visa and who intend to marry within 90 days of the foreign fiancé(e)’s entry into the US.

It is important to note that only US citizens can sponsor a foreign fiancé(e) for a K1 visa. Lawful permanent residents (Green Card holders) are not eligible to sponsor a K1 Visa.

 

The K1 visa is ideal for couples who want to marry in the USA and stay there to live together. Once the marriage takes place, the foreign spouse can apply for a Green Card through Adjustment of Status, which allows them to become a permanent resident.

Without the K1 visa, it would be much more difficult for foreign nationals to enter the US for the specific purpose of marrying a US citizen.

 

2. What does the K1 Visa Allow?

 

Under the K1 visa, you are permitted to come to the United States for a period of up to 90 days for the purpose of marrying your US fiancé(e).
During this time, you are obliged to complete all legal requirements and ceremonial obligations for your marriage.

If you marry within 90 days of being admitted to the United States as a K1 visa holder, you may then apply for lawful permanent resident status in the United States, known as a Green Card.

K1 visa status automatically expires after 90 days and cannot be extended, and you would need to leave the United States at the end of the 90 days if you do not marry. Any failure to do so can risk you being in violation of US immigration law, resulting in deportation.

 

3. K1 Visa Children

 

If you are coming to the United States as a K1 visa holder, you may also apply for a K2 visa on behalf of any dependent children to accompany or follow you once you are in the United States. Your US fiancé(e) will not need to file a separate petition to classify the child as a K nonimmigrant.

In the same way, any dependent children of a K3 visa holder can apply for a K4 visa. In either case, however, the child must be unmarried and under 21 years old.

If you have children with your US fiancé(e), they may have acquired US citizenship through their US parent and could potentially be eligible for a US passport. Eligibility will, however, depend on the circumstances. Take professional advice to determine if they qualify.

 

4. Alternatives to the K1 Visa

 

The K1 visa is one of a number of visa options for family members, each catering to different types of relationships and circumstances.

If you have already married, or plan to marry outside the United States, or you are already residing legally in the United States, you will not be eligible for a K1 visa. Instead, you may need to apply for a different type of visa or seek to adjust your status from within the US.

For example, if you have already married and are living outside the US, your US spouse will need to file a petition on your behalf for you to immigrate to the US using Form I-130, Petition for Alien Relative for your foreign spouse who is abroad. You would then apply for a K3 visa pending a decision by USCIS on Form I-130, thereby shortening the amount of time you need to spend apart from your loved one. That said, as USCIS typically takes less time to adjudicate Form I-130, the current demand for K3 visas is relatively low.

Our US immigration attorneys can advise you on your options to settle in the US permanently with your spouse and help you devise an immigration strategy that takes into account the relevant eligibility and procedural requirements.

 

Section B: K1 Visa Eligibility Requirements

 

The K1 visa, or fiancé(e) visa, is designed to help US citizens bring their foreign fiancé(e) to the United States with the intention of getting married. However, not all couples automatically qualify for the K1 Visa. There are specific eligibility requirements that both the US citizen (petitioner) and the foreign fiancé(e) must meet to ensure the visa application is successful.

You may be eligible to come to the United States under a K1 visa if you meet the following requirements:

 

Requirement	Details
Fiancé(e) is a US citizen	Your fiancé(e) must be a US citizen to sponsor you for a K1 visa.
Intent to marry within 90 days	You and your fiancé(e) must intend to marry within 90 days of your admission to the US on a K1 visa.
Both legally free to marry	Both of you must be legally free to marry, meaning any previous marriages have been terminated through divorce, death, or annulment. The marriage must also comply with the laws of the US state where it will take place.
In-person meeting within the last two years	You and your fiancé(e) must have met in person at least once within the two-year period before the petition is filed.

 

a. Your fiancé(e) is a US citizen.

b. You and your fiancé(e) intend to marry one another within 90 days of your admission to the United States on a K1 visa.

c. You and your fiancé(e) are both legally free to marry, i.e., any previous marriages have been legally terminated by divorce, death, or annulment. The marriage must also be legally possible according to the laws of the US state in which the marriage will take place, for example, in the context of age and blood ties.

d. You and your fiancé(e) met each other in person at least once within the two-year period immediately before any petition is filed by your US fiancé(e).

 

You may request a waiver of the last requirement if you can establish that either:

 

a. Meeting in person would violate strict and long-established customs of your foreign culture or social practice, and that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice, or

b. The requirement to meet your US fiancé(e) in person would result in extreme hardship to them.

 

1. Petitioner Requirements: Must Be a US Citizen

 

Only US citizens are eligible to petition for a K1 visa for their foreign fiancé(e). Permanent residents (green card holders) cannnot sponsor someone under this type of visa.

The US citizen petitioner must prove their citizenship by providing documents such as a US passport, birth certificate, or naturalization certificate when filing the petition (Form I-129F).

The petitioner must also demonstrate that they are legally able to marry, such as providing evidence that any previous marriages have been legally terminated (e.g., divorce decree, death certificate of former spouse).

 

2. Fiancé(e) Requirements: Must Intend to Marry Within 90 Days of Entering the US.

 

The foreign fiancé(e) must have a genuine intention to marry the US citizen petitioner. Once the K1 visa is approved and the foreign fiancé(e) enters the US, the couple must marry within 90 days. Failure to marry within this period could lead to legal issues, including the requirement for the foreign fiancé(e) to leave the US.

The marriage must also be legally valid, meaning both parties are free to marry, and any prior marriages have been lawfully ended.

 

3. Proof of a Bona Fide Relationship and Meeting in Person Within the Last Two Years

 

One of the most important aspects of the K1 visa application is proving that the relationship between the US citizen and the foreign fiancé(e) is genuine and not solely for immigration purposes.

The couple must demonstrate that they have met in person at least once within the last two years before filing the visa petition. Proof can include photos together, travel records, flight itineraries, hotel reservations, or statements from friends and family.

 

4. Exceptions to the In-Person Meeting Requirement

 

In some cases, it may be difficult or impossible for the couple to meet in person. US Citizenship and Immigration Services (USCIS) allows for exceptions to the two-year in-person meeting requirement under specific circumstances:

 

a. Cultural or Religious Practices

If meeting in person would violate strict cultural or religious customs, the couple may request a waiver. This is often the case in countries where arranged marriages are the norm or where cultural norms prevent an unwed couple from meeting.

 

b. Extreme Hardship

If the US citizen petitioner can demonstrate that meeting in person would cause significant hardship, they may also be granted an exception. Examples might include medical conditions that prevent travel, financial hardship, or circumstances beyond their control, such as restrictions on travel due to political unrest or global events (e.g., COVID-19).

Waivers for these exceptions must be well-documented and convincingly argued. Simply stating an inability to meet due to personal preferences or inconvenience is not sufficient. The burden of proof lies with the petitioner to demonstrate that the meeting would have caused undue hardship or violated deeply held customs.

 

5. Financial Requirement

 

The purpose of the K1 visa financial requirement is to ensure that the foreign fiancé(e) has sufficient financial support when in the US and will not become a public charge after arriving in the United States.

The US citizen petitioner must show that their income meets at least 100% of the Federal Poverty Guidelines for their household size, including the foreign fiancé(e). The specific income threshold depends on the number of people in the household and is updated annually.

For example, under the 2024 rules, for a couple (a household of two), the requirement is to earn at least $20,440 annually.

The financial requirement for the K1 Visa is evidenced through the Affidavit of Support (Form I-134), which the US citizen petitioner must submit to demonstrate that they can financially support their foreign fiancé(e). They also need to provide evidence of financial stability.

If the petitioner does not meet the financial requirement, they may enlist a co-sponsor, such as a family member, who can also submit an Affidavit of Support and meet the income requirements.

 

Section C: K1 Visa Application Process

 

The K1 Visa application process can be complex, involving multiple steps and various government agencies. It’s also essential for both the US citizen petitioner and the foreign fiancé(e) to understand each stage and to work together to ensure the submission is comprehensive and that both are well prepared for the interview.

 

1. Step-by-Step Guide to the K1 Visa Application Process

 

The K1 visa process starts with filing the petition and ends with the fiancé(e) entering the US and getting married within 90 days.

 

Step 1: Filing Form I-129F (Petition for Alien Fiancé(e))

To apply for a K1 visa, your US fiancé(e) will need to file a Form I-129F, Petition For Alien Fiancé(e).

This form serves to prove the legitimacy of the relationship and establishes that the petitioner is a US citizen, legally eligible to marry, and intends to marry their fiancé(e) within 90 days of their arrival in the US.

The US citizen petitioner must complete the form with detailed information about themselves and their fiancé(e), including biographical details, relationship history, and evidence of meeting the eligibility requirements.

Supporting documents like proof of US citizenship, evidence of a bona fide relationship (e.g., photos, messages), and documentation of any prior marriages being legally terminated should be submitted with the form.

Form I-129F is submitted to the US Citizenship and Immigration Services (USCIS), either to a lockbox facility or an appropriate USCIS service center, depending on where the petitioner resides.

After filing, the processing time for Form I-129F typically takes several months. USCIS will review the form and may issue a Request for Evidence (RFE) if they need additional information or documents to verify eligibility. Once approved, the petition is forwarded to the National Visa Center (NVC) for the next phase.

 

Step 2: National Visa Center (NVC) Processing

After USCIS approves Form I-129F, the petition is sent to the National Visa Center (NVC). The NVC assigns a case number and forwards the petition to the US Embassy or Consulate in the fiancé(e)’s home country for visa processing.

At this stage, the foreign fiancé(e) will need to submit additional documents to the NVC and later the embassy.

The documentation should include the following, although this list is not exhaustive:

 

a. Evidence of US citizenship, for example, passport, birth certificate showing they were born in the United States or a copy of their naturalization or citizenship certificate issued by USCIS.

b. Form I-134 (Affidavit of Support) showing that the US citizen petitioner can financially support the fiancé(e)

c. Evidence of termination of previous marriages, for example, divorce decree, annulment order or death certificate for any prior spouse.

d. Evidence of your intention to marry within 90 days of entry, for example, a signed statement from you and your US fiancé(e).

e. Evidence of any in-person meetings, for example, airline tickets.

f. Colour passport-style photograph of you, as well as a colour passport-style photo of your US fiancé(e).

 

If the petition is approved, it will be forwarded to the US Embassy or consulate where you currently reside. It is here that you will submit your application for a K1 visa using the online form DS-160, and where you will schedule an interview with a consular officer at the appropriate US Embassy or Consulate.

 

Step 3: Embassy/Consulate Interview

During the interview, the consular officer will verify the authenticity of the relationship and assess whether the foreign fiancé(e) meets all visa eligibility requirements. The US citizen petitioner is not required to attend but can be present if desired, depending on the embassy’s policies.

During the interview, the consular officer will ask questions about the relationship, the couple’s plans for marriage, and the foreign fiancé(e)’s background.

You will be required to attend your K1 visa interview with various documents in support, including but not limited to the confirmation page of your Form DS-160, your passport valid for travel for at least six months, and evidence that your relationship with your US fiancé(e) is genuine.

 

Table: Documents Needed for K1 Visa Application and Interview

Document	Purpose	Who Needs It
Form I-129F	Petition to request K1 Visa	U.S. citizen petitioner
Proof of U.S. Citizenship	Evidence of petitioner’s U.S. citizenship (passport, birth certificate)	U.S. citizen petitioner
Proof of Relationship	Evidence to show a genuine relationship (photos, communication, etc.)	Both petitioner and fiancé(e)
Police Certificates	Criminal background check for the fiancé(e)	Foreign fiancé(e)
Medical Examination Results	Health check to verify fitness for U.S. entry	Foreign fiancé(e)
Affidavit of Support (Form I-134)	Proof that the U.S. citizen can financially support the fiancé(e)	U.S. citizen petitioner
DS-160 Confirmation	Nonimmigrant visa application form	Foreign fiancé(e)

 

Step 4: Decision

If the consular officer is satisfied with the application and the interview, the K1 visa will be approved. The foreign national fiancé(e) will receive the visa in their passport.

If, however, the consular officer does not consider you eligible, for example that the relationship with your US fiancé(e) is not bona fide, you will not be issued a K1 visa. Take advice from our US immigration attorneys if you have been refused a K1 visa.

 

Step 5: Entry into the US

The visa will be valid for up to six months for a single entry to the United States.

Note that the grant of a visa does not guarantee entry to the United States. This will ultimately be determined by a Customs and Border Protection official at the port of entry in the United States, so you should always travel with documentation to prove your intentions.

Upon entry into the US, the couple must marry within 90 days. The marriage can take place anywhere in the US, and the marriage certificate must be filed with the appropriate local government office.

Failure to marry within the 90-day period or apply for adjustment of status may result in the foreign spouse having to leave the US and possibly facing legal consequences such as being barred from re-entry.

After the marriage, the foreign spouse must apply for Adjustment of Status (AOS) by filing Form I-485 to become a permanent resident (green card holder). During this time, the foreign spouse can remain in the US legally and should not leave the country until they have received travel authorization (Advance Parole) or their green card to avoid abandoning the AOS application.

 

Section D: K1 Visa Supporting Documents

 

The K1 visa application process involves submitting various documents to prove eligibility and to establish that the relationship between the US citizen petitioner and their foreign fiancé(e) is genuine.

The specific evidence you need will depend on your circumstances, but in general, K1 visa applications require the following to be submitted:

 

1. Birth Certificates

 

Both the US citizen petitioner and the foreign fiancé(e) must provide their birth certificates. The birth certificate should be an official copy from the government of the country of birth, showing full names, dates, and places of birth.

If the original birth certificate is not available, a legal substitute or affidavit may be required, along with an explanation of why the birth certificate cannot be provided.

 

2. Passports

 

The foreign fiancé(e) must have a valid passport that is in good standing and will not expire for at least six months beyond their intended date of entry into the US.

The US citizen petitioner may also be required to submit a copy of their passport to verify US citizenship.

 

3. Proof of Relationship (Evidence of Bona Fide Relationship)

 

Demonstrating that the relationship is genuine is one of the most crucial parts of the K1 Visa application process. The couple must provide evidence that shows their relationship is authentic and ongoing. This can include:

 

a. Photos together: Pictures taken during visits, family gatherings, or events over time, with dates and locations noted.

b. Communications: Copies of emails, text messages, social media conversations, and letters exchanged between the couple.

c. Travel documents: Flight tickets, hotel reservations, and any other evidence of trips made to visit each other.

d. Statements from friends and family: Written affidavits from people who know the couple and can vouch for the authenticity of their relationship.

 

4. Form I-134: Affidavit of Support

 

The US citizen petitioner must submit Form I-134, which serves as an affidavit of support. This form proves that the petitioner has sufficient financial resources to support the foreign fiancé(e) and prevent them from becoming a public charge.

Along with the form, the petitioner must provide supporting financial documents, such as:

 

a. Recent tax returns (usually the last three years)

b. Employment verification or a letter from their employer

c. Recent pay stubs

d. Bank statements

e. Any other documentation that demonstrates the petitioner’s ability to support the fiancé(e) financially after their arrival in the US.

 

5. Police Certificates

 

The foreign fiancé(e) must obtain police certificates from every country where they have lived for six months or more since the age of 16. These certificates should indicate whether the fiancé(e) has a criminal record.

The police certificates must be recent, typically within one year of the K1 Visa interview, and should be submitted to the US Embassy or Consulate for review.

If the fiancé(e) has a criminal history, it may affect their eligibility for the K1 visa. Certain offenses may require waivers or additional legal processing.

 

6. Medical Examination

 

Before the visa interview, the foreign fiancé(e) must undergo a medical examination by a physician approved by the US Embassy or Consulate in their country. The medical exam ensures that the fiancé(e) meets health requirements for entry into the US.

The medical examination typically includes tests for communicable diseases, vaccinations, and a physical assessment.

The results of the medical exam are sent directly to the embassy or consulate, but the fiancé(e) will receive a sealed envelope with their medical report, which they must bring to the visa interview without opening.

 

7. Form DS-160: Online Nonimmigrant Visa Application

 

The foreign fiancé(e) must complete Form DS-160, which is the online application for a nonimmigrant visa. This form collects detailed personal and background information and is required for the K1 Visa interview.

After completing the form, the fiancé(e) will receive a DS-160 confirmation page with a barcode, which must be printed and brought to the visa interview.

 

8. Proof of US Citizenship

 

The US citizen petitioner must provide proof of citizenship. Acceptable documents include the applicant’s US passport, US birth certificate or certificate of naturalization (if applicable).

 

9. Divorce Decrees or Death Certificates (If Applicable)

 

If either the US citizen petitioner or the foreign fiancé(e) has been previously married, they must provide proof that all prior marriages were legally terminated. This can be done through finalized divorce decrees or death certificates (if a former spouse has passed away).

Failure to provide these documents can delay the application, as proof that both individuals are legally free to marry is required.

 

10. Two Passport-Sized Photographs

 

Both the foreign fiancé(e) and the US citizen petitioner must submit two recent passport-sized photographs, which must meet US government specifications (2 inches by 2 inches, with a white background).

These photos will be used for the visa application and identification during the process.

 

Section E: K1 Visa Fees and Costs

 

The K1 visa process involves several fees and expenses that will need to be paid at various stages, from filing the initial petition to attending the visa interview and completing the medical examination.

 

1. Filing Fee for Form I-129F (Petition for Alien Fiancé(e))

 

The US citizen petitioner is required to pay a $675 filing fee when submitting Form I-129F to US Citizenship and Immigration Services (USCIS). This fee is non-refundable, regardless of whether the petition is approved or denied. Payment is made by check or money order to the US Department of Homeland Security or online if filing electronically.

 

2. Medical Examination Fee

 

Before the K1 visa interview, the foreign fiancé(e) is required to undergo a medical examination conducted by a physician approved by the US Embassy or Consulate. The cost varies by country and physician but generally ranges from $200 to $500. The exam covers vaccinations, a physical assessment, and tests for communicable diseases.

Note that additional costs may arise if vaccinations are required or additional medical tests are necessary.

 

3. Embassy or Consulate Interview Fee (Nonimmigrant Visa Application Fee)

 

The foreign fiancé(e) must pay a nonimmigrant visa application fee (also called the DS-160 fee) of $265. This fee is typically paid directly to the US Embassy or Consulate in the fiancé(e)’s country prior to the visa interview. Like the I-129F filing fee, this fee is non-refundable.

Payment methods may vary by country, but it’s typically paid online or at a bank approved by the embassy.

 

4. Form I-485 Fee (Adjustment of Status)

 

After the foreign fiancé(e) enters the US and the couple marries within 90 days, the next step is filing Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a green card. The filing fee for this form is $1,440, with an additional $85 biometric fee for fingerprinting and photographs.

 

5. Form I-765 Fee (Optional Employment Authorization)

 

Foreign fiancé(e)s can apply for Form I-765 (Application for Employment Authorization), which allows them to work in the US while their green card application is pending. There is no fee for this if it is filed concurrently with Form I-485.

 

6. Additional Costs

 

As well as processing fees, K1 visa applications may also incur the following:

 

a. Translation and Certification Fees

If any documents, such as birth certificates or police records, are in a language other than English, they must be translated and certified. The cost for translation services varies depending on the document and the country but typically ranges between $20 and $50 per page.

 

b. Travel Expenses

Travel expenses will depend on the distance between the foreign fiancé(e)’s home and the US Embassy or Consulate where the visa interview takes place. In some cases, significant travel may be required for both the medical examination and the interview.

After the K1 Visa is approved, the fiancé(e) will need to book travel to the US. The cost of a one-way plane ticket will vary based on the location and the time of booking, but expect this to be an additional few hundred to several thousand dollars, depending on international flight costs.

 

c. Additional Document Fees

Fees for acquiring documents like birth certificates, police clearances, and certified copies of previous marriage terminations (divorce decrees or death certificates) may apply. These can vary widely by country, typically ranging from $20 to $100 per document.

 

d. Attorney Fees

While optional, many couples choose to hire an immigration attorney to help with the K1 Visa process, particularly if there are complexities in the case. Attorney fees for a K1 Visa application can vary, depending on factors such as the complexity of the application and the advisor’s level of experience.

 

Section F: K1 Visa Processing Time

 

K1 visa processing typically takes between 6 to 12 months from start to finish. However, processing times can vary significantly based on several factors, including backlogs at US government agencies and the specific circumstances of the couple’s application.

 

1. Typical K1 Visa Processing Times

 

The application stages typically involve the following lead times:

 

Table: K1 Visa Process Timeline and Steps

Step	Description	Estimated Time
Filing Form I-129F	Petition to USCIS to bring the foreign fiancé(e) to the U.S.	6 to 12 months
NVC Processing	National Visa Center forwards the case to the U.S. Embassy	4 to 6 weeks
Embassy Interview	Fiancé(e) attends a visa interview at the U.S. Embassy/Consulate	1 to 3 months
Entry to the U.S.	Fiancé(e) enters the U.S. using the K1 Visa	Within 6 months after approval
Marriage within 90 days	Couple must marry within 90 days of entry	90 days
Adjustment of Status (Form I-485)	Apply for permanent residency (Green Card) after marriage	6 to 12 months

 

a. USCIS Processing of Form I-129F (Petition for Alien Fiancé(e))

Once the US citizen files Form I-129F with US Citizenship and Immigration Services (USCIS), the processing time can range from 6 to 12 months, depending on USCIS workload and the service center handling the petition. USCIS will review the petition to ensure that all documents are in order and that the couple meets the eligibility requirements.

During this time, USCIS may issue a Request for Evidence (RFE) if additional documentation is needed, which could extend the processing time by a few months.

 

b. National Visa Center (NVC) Processing

After USCIS approves the Form I-129F petition, it is forwarded to the National Visa Center (NVC) for processing. The NVC assigns a case number and forwards the petition to the US Embassy or Consulate in the fiancé(e)’s home country.

NVC processing typically takes 4 to 6 weeks, depending on their workload. Once the case is transferred, the foreign fiancé(e) will receive instructions on how to prepare for the next steps, including paying the visa fee and gathering the required documents for the interview.

 

c. Embassy/Consulate Interview Scheduling

After the NVC forwards the case to the US Embassy or Consulate, the embassy will schedule the K1 Visa interview for the foreign fiancé(e). The waiting time for an interview appointment varies depending on the specific embassy or consulate, with some locations being busier than others.

On average, it can take anywhere from 1 to 3 months after the NVC processing is complete to schedule and attend the visa interview. Embassies in high-demand regions may have longer waiting periods, while those with lower demand may offer quicker appointments.

 

d. Post-Interview Visa Issuance

If the visa is approved at the interview, the foreign fiancé(e) typically receives their passport with the K1 Visa stamped within 1 to 2 weeks. In some cases, additional administrative processing may be required, which could delay visa issuance by several weeks or even months. Administrative processing may be triggered if the consular officer needs to conduct further background checks or verify additional information.

 

e. Entry to the US and Marriage

Once the K1 Visa is issued, the foreign fiancé(e) has up to 6 months to enter the US. After arrival, the couple must get married within 90 days. Failure to marry within this period could lead to legal complications, and the fiancé(e) may be required to leave the US.

 

2. Factors That Can Delay K1 Visa Processing

 

One of the most common causes of delays is submitting an incomplete petition or missing essential documents. If USCIS or the NVC identifies missing paperwork or unclear evidence, they will issue a Request for Evidence (RFE) or ask for additional documents, which can delay the process by several weeks or months.

To avoid this, it’s important to thoroughly review the petition and ensure that all required documents, such as proof of the relationship, birth certificates, and police clearances, are included and meet the necessary standards.

If USCIS or the embassy requires further proof to establish eligibility, they will issue an RFE. An RFE typically delays the process by an additional 2 to 3 months, as the petitioner must gather and submit the requested information. The longer it takes to respond to the RFE, the more it will delay the processing of the petition.

Processing times can also be affected by backlogs at USCIS service centers or US Embassies. High-demand service centers or embassies may take longer to process cases, particularly during peak immigration seasons or in locations that experience large numbers of applications.

Delays may also occur due to external factors, such as global events (e.g., COVID-19), political unrest, or embassy staffing shortages, which can extend wait times for interviews and visa issuance.

In some cases, after the visa interview, the consular officer may place the case in administrative processing. This happens when additional background checks or further verification of documents are required. Administrative processing can take anywhere from a few weeks to several months, depending on the complexity of the case.

Common triggers for administrative processing include the foreign fiancé(e) having a criminal history, military service, or travel to certain countries, which may require additional scrutiny.

Minor errors, such as incomplete forms, inconsistencies in information, or incorrect fees, can also lead to delays. USCIS and the NVC are strict about proper documentation, and even a small mistake could result in a request for correction or resubmission.

The foreign fiancé(e) must undergo a medical examination and submit police clearances as part of the application. Delays in scheduling the medical exam with an embassy-approved doctor or waiting for police certificates from countries with slower processing times can also contribute to overall delays.

 

Section G: Common Reasons for K1 Visa Denial

 

K1 visa denials can happen for a variety of reasons, often due to mistakes made during the application or issues relating to eligibility.

Understanding the common reasons why K1 visas are denied can help you avoid pitfalls and increase your chances of visa approval.

 

1. Insufficient Proof of a Bona Fide Relationship

 

One of the most common reasons for K1 visa denial is the failure to adequately demonstrate that the relationship is genuine and not solely for immigration purposes. The US government requires strong evidence that the couple has a bona fide (real and legitimate) relationship. If the couple cannot provide enough convincing proof of their relationship, the visa may be denied.

Gather and submit substantial evidence that shows the development of your relationship, such as photos together in various settings, copies of correspondence (emails, texts, call logs, etc.) and statements from family or friends who can attest to the legitimacy of the relationship.

Make sure the evidence spans the duration of the relationship and is not limited to one period or event.

 

2. Failure to Meet the Two-Year In-Person Meeting Requirement

 

The K1 visa requires that the couple has met in person at least once within the two years prior to filing the petition. Exceptions to this rule are granted only under specific circumstances, such as cultural or religious restrictions or extreme hardship. If the couple has not met in person and does not qualify for an exception, the visa application will be denied.

To avoid a refusal, ensure that you meet in person before filing the petition. Document this meeting with evidence such as travel tickets, accommodation reservations, and travel photos.

If you qualify for an exception (e.g., cultural or religious reasons), you will need to submit strong evidence to support your waiver request. Otherwise, make it a priority to meet in person before starting the process.

 

3. Inadequate Financial Support

 

The US citizen petitioner must show that they can financially support their foreign fiancé(e) and prevent them from becoming a public charge. If the petitioner’s income or assets are below the required level, the visa may be denied.

Ensure that you meet the minimum income requirements set by the Affidavit of Support (Form I-134) and provide evidence such as recent tax returns (usually from the last three years), pay slips or proof of employment and recent bank statements showing savings or assets.

If your income is below the required threshold, you may need to enlist a co-sponsor who can also provide financial support documentation.

 

4. Criminal Record of the Petitioner or Fiancé(e)

 

Certain criminal convictions, either for the US citizen petitioner or the foreign fiancé(e), can result in a denial of the K1 visa. This is particularly true for crimes related to domestic violence, sexual abuse, or drug trafficking. Additionally, if the foreign fiancé(e) has a criminal record that violates US immigration laws, their visa could be denied.

If either the petitioner or the fiancé(e) has a criminal record, it’s important to consult with an immigration attorney to determine how this might affect the visa application. In some cases, waivers can be sought for certain crimes, but these are not guaranteed. Full disclosure of all legal issues upfront is essential, and failure to disclose past convictions can lead to denial.

 

5. Incomplete or Incorrect Documentation

 

Failing to provide the necessary documents or submitting incorrect or incomplete forms is a frequent cause of K1 Visa denials. USCIS and the embassy have strict guidelines on which documents must be submitted, and any missing information can lead to delays or outright denials.

Carefully review the documentation checklist for each stage of the process. Ensure that all required forms are filled out correctly and submitted with the appropriate supporting documents.

Keep copies of all forms and documents you submit to USCIS and the embassy.

 

6. Failure to Provide Required Medical Exam or Police Certificates

 

The foreign fiancé(e) must undergo a medical examination by an approved physician and submit police certificates from all countries where they have lived for more than six months since the age of 16. If these documents are not submitted, or if the medical exam reveals inadmissible health conditions, the visa may be denied.

Schedule the medical exam as soon as the embassy instructs you to do so, and ensure the exam is conducted by an embassy-approved doctor. Gather police certificates well in advance, especially if the fiancé(e) has lived in multiple countries, as obtaining these documents can take time. Make sure the certificates are up to date (usually no more than a year old).

 

7. Administrative Processing or Security Concerns

 

In some cases, the application may be placed into administrative processing, which involves additional security checks and background investigations. While not a direct denial, if issues are uncovered during this process, such as connections to criminal organizations or security concerns, the visa could ultimately be denied.

Unfortunately, administrative processing is often beyond the applicant’s control. However, providing complete and truthful information during the visa interview and on all forms can help prevent unnecessary delays. If administrative processing occurs, be prepared for potential delays of several weeks to months.

 

Section H: After Receiving a K1 Visa

 

After receiving a K1 Visa, the foreign fiancé(e) can finally enter the United States, but the process is not over yet. There are several crucial steps that must be completed after arrival, including getting married within 90 days and applying for permanent residency (a Green Card) through Form I-485 (Adjustment of Status). During this period, the foreign fiancé(e) has specific rights and obligations to comply with while awaiting their Green Card.

 

1. Steps After Entering the US.

 

Once the K1 Visa is issued, the foreign fiancé(e) can enter the US at any time within the six-month validity period of the visa. It’s important to plan the travel date carefully, as the couple must marry within 90 days of entry.

At the port of entry, the foreign fiancé(e) will go through customs and immigration, where they will present their passport with the K1 Visa. Upon entering, they will be given an entry stamp that officially starts the 90-day period in which the marriage must take place.

After arrival, the couple is required to get married within 90 days. The marriage can take place anywhere in the US, and the couple must follow the specific legal requirements for marriage in the state where they plan to wed (e.g., obtaining a marriage license and adhering to any waiting periods).

Failure to marry within the 90-day window can lead to serious legal consequences. The foreign fiancé(e) would be considered out of status and could face deportation or be barred from future immigration benefits. If the marriage does not happen for any reason, the foreign fiancé(e) must leave the US before the 90 days expire.

 

2. Applying for a Green Card

 

Once married, the foreign spouse must apply for permanent residency (a Green Card) through Form I-485, which is the official Application to Adjust Status to become a lawful permanent resident.

 

3. Applying for Employment Authorization and Advance Parole

 

The foreign spouse can also apply for Employment Authorization (Form I-765) and Advance Parole (Form I-131) alongside the I-485 application. These forms allow the spouse to work in the US and travel outside the country while the Green Card application is being processed.

Form I-765 allows the foreign spouse to work legally in the US while waiting for their Green Card.

Form I-131 permits them to travel outside the US and return without abandoning their Adjustment of Status application. This is essential, as leaving the US without Advance Parole would automatically cancel the Green Card process.

After submitting the I-485, the foreign spouse will likely be called for an Adjustment of Status interview at a local USCIS office. This interview typically takes place several months after the application is filed.

At the interview, a USCIS officer will review the application and ask questions to verify the legitimacy of the marriage. They may ask questions about the couple’s relationship, living arrangements, and future plans to ensure the marriage is genuine and not just for immigration purposes.

If the interview goes well and all documents are in order, the Green Card will be approved, granting the foreign spouse lawful permanent resident status.

 

4. Rights and Obligations While Waiting for a Green Card

 

If the foreign spouse applies for and receives Employment Authorization (EAD), they have the right to work legally in the US while the Adjustment of Status application is pending. The EAD card typically takes a few months to process and is valid for one year, with the option to renew it if the Green Card has not yet been issued.

With Advance Parole (AP), the foreign spouse can travel outside the US and return while the I-485 application is pending. Without AP, leaving the US would result in abandonment of the Green Card application, which means the process would need to start over.

While the Adjustment of Status application is pending, the foreign spouse is protected from deportation, provided they follow the law and remain in valid status.

The foreign spouse must comply with all US laws while their Adjustment of Status is being processed. Any criminal activity or violations of immigration laws could result in the denial of the Green Card application and potential deportation.

The couple must ensure that all forms are complete, accurate, and submitted on time. They should also attend any required biometric appointments or interviews as scheduled. Failure to do so can result in delays or denial of the application.

The foreign spouse should avoid long trips outside the US, even with Advance Parole, as this could raise questions about their intent to reside permanently in the US. Prolonged absences may lead USCIS to doubt their commitment to building a life with their spouse.

 

Section I: K1 Visa vs. Other Marriage and Spouse Visas

 

When US citizens plan to bring their foreign fiancé(e) or spouse to the United States, several visa options are available, including the K1 Visa (Fiancé(e) Visa) and marriage-based visas like the CR1 Visa (Conditional Resident Visa) and IR1 Visa (Immediate Relative Visa).

Each visa type has its own requirements, timelines, and benefits. The choice between these visas depends on the couple’s marital status, how quickly they want to reunite in the US, and their preferences regarding the immigration process.

 

1. K1 Visa vs. CR1 Visa

 

The K1 Visa and IR1 Visa are both designed to bring foreign partners of US citizens to the United States, but they serve different situations and have distinct processes and benefits. The K1 Visa is intended for foreign fiancé(e)s who are not yet married to a US citizen. After the K1 Visa is approved, the foreign fiancé(e) can enter the US and must marry the US citizen within 90 days. After marriage, the foreign spouse must apply for a Green Card through Adjustment of Status, which adds time and cost to the process. The K1 Visa allows quicker entry to the US, but it involves more steps to achieve permanent residency.

The IR1 Visa, on the other hand, is for foreign spouses who have been married to a US citizen for more than two years. Unlike the K1 Visa, the IR1 Visa is granted only after the couple is already married, and the foreign spouse receives permanent residency (a Green Card) immediately upon entering the US. There is no need to apply for Adjustment of Status or wait for additional approval to become a permanent resident. This makes the IR1 Visa process simpler post-entry but takes longer to process initially compared to the K1 Visa.

In terms of work and travel, K1 Visa holders must apply for work authorization and travel permits, which can take time. IR1 Visa holders, by contrast, can work and travel immediately upon arrival, as they are granted permanent residency status with no conditions.

In summary, the K1 Visa is faster for entry but requires more post-entry steps, while the IR1 Visa offers immediate residency but takes longer to process before the foreign spouse can enter the US.

 

2. K1 Visa vs. IR1 Visa

 

The K1 Visa and CR1 Visa both allow foreign partners of US citizens to come to the United States, but they differ in terms of marital status, process, and timeline. The K1 Visa is designed for foreign fiancé(e)s who are not yet married to a US citizen. After the K1 Visa is approved, the foreign fiancé(e) can enter the US, and the couple must marry within 90 days. Following the marriage, the foreign spouse must apply for a Green Card through the Adjustment of Status process, which adds time and additional costs.

In contrast, the CR1 Visa is specifically for foreign spouses who are already married to the US citizen. Once the CR1 Visa is approved, the foreign spouse enters the US as a conditional permanent resident, meaning they already have their Green Card upon arrival. The couple must have been married for less than two years to be eligible for the CR1 Visa, and the foreign spouse’s Green Card is conditional for two years. After two years, they must file to remove the conditions and become a permanent resident.

The K1 Visa allows for faster entry into the US since the couple does not need to be married before applying. However, the CR1 Visa involves fewer steps and less expense after entry, as there is no need to adjust status. Additionally, CR1 Visa holders can work and travel immediately, while K1 Visa holders must wait to apply for work authorization and travel permits.

In summary, the K1 Visa is quicker for couples not yet married, but the CR1 Visa offers immediate Green Card status, simplifying the process once the foreign spouse enters the US.

 

Section J: Summary

 

The K1 Visa, also known as the fiancé(e) visa, allows a foreign fiancé(e) of a US citizen to enter the United States for the purpose of marriage. Once granted, the couple must marry within 90 days of the foreign fiancé(e)’s arrival. After marriage, the foreign spouse can apply for permanent residency (a Green Card) through the Adjustment of Status process.

While the K1 Visa offers a path for couples to be together in the US, there are several key risks and considerations to keep in mind. The application process can be time-consuming, typically taking between 8 to 14 months, and involves multiple stages, including a visa petition, embassy interview, and the subsequent Green Card application. Applicants must provide strong evidence of a genuine relationship, and failure to meet the in-person meeting requirement or to properly document the relationship may lead to denial.

Financial responsibility is another factor. The US citizen petitioner must demonstrate the ability to financially support their fiancé(e) during the process. Additionally, K1 Visa holders cannot work until they receive work authorization, which can take several months. Any failure to marry within 90 days or follow the proper steps after arrival can result in the foreign fiancé(e) being required to leave the country.

 

Section K: Need Assistance?

 

The rules surrounding the K1 visa require careful interpretation and application. As dedicated US immigration attorneys, NNU Immigration advise non-US nationals on available US visa and immigration options, including the K1 visa, and provide full support and guidance through the application process.

 

Section L: K1 Visa FAQs

 

What is a K1 Visa?
A K1 Visa allows a foreign fiancé(e) of a US citizen to enter the US for the purpose of getting married. The couple must marry within 90 days of the fiancé(e)’s arrival in the US.

 

Who is eligible for a K1 Visa?
To be eligible, the petitioner must be a US citizen. Both the US citizen and the foreign fiancé(e) must be legally free to marry, have met in person at least once in the past two years, and have a bona fide relationship with the intention to marry within 90 days of the fiancé(e)’s entry to the US.

 

How long does the K1 Visa process take?
The process typically takes between 8 to 14 months from the time of filing the initial petition until the visa is granted, although processing times can vary depending on USCIS and US embassy backlogs.

 

What documents are needed for a K1 Visa?
Required documents include Form I-129F, proof of US citizenship, evidence of a bona fide relationship, police certificates, medical examination results, and Form I-134 (Affidavit of Support).

 

What happens after entering the US on a K1 Visa?
After entering the US, the couple must marry within 90 days. Once married, the foreign spouse can apply for a Green Card by filing Form I-485 (Adjustment of Status).

 

Can I work on a K1 Visa?
K1 Visa holders are not automatically authorized to work. They must apply for an Employment Authorization Document (EAD) by filing Form I-765. They can also apply for work authorization when submitting the Green Card application (Form I-485).

 

Can I travel outside the US on a K1 Visa?
No, K1 Visa holders cannot travel outside the US without applying for Advance Parole (Form I-131). Traveling without it will result in the abandonment of the Green Card application.

 

What happens if we don’t marry within 90 days?
If the couple does not marry within 90 days, the foreign fiancé(e) must leave the US. Failure to do so may result in being out of status, which can lead to deportation or future immigration penalties.

 

What are the fees for a K1 Visa?
The total cost includes several fees: $535 for filing Form I-129F, $200 to $500 for the medical exam, $265 for the visa application fee (DS-160), and $1,225 for the Adjustment of Status after marriage.

 

What is the difference between a K1 Visa and a marriage-based visa (CR1/IR1)?
The K1 Visa is for foreign fiancé(e)s of US citizens who wish to marry in the US. Marriage-based visas (CR1/IR1) are for foreign spouses who are already married to US citizens. CR1/IR1 visa holders enter the US as permanent residents, while K1 Visa holders must apply for a Green Card after marriage.

 

Can a K1 Visa be denied?
Yes, K1 Visas can be denied for reasons such as insufficient proof of relationship, not meeting the two-year in-person meeting requirement, inadequate financial support, criminal records, or incomplete documentation.

 

Section M: Glossary

 

Term	Definition
K1 Visa	A nonimmigrant visa that allows a foreign fiancé(e) of a US citizen to enter the US for the purpose of marriage within 90 days.
USCIS (US Citizenship and Immigration Services)	The US government agency responsible for overseeing lawful immigration, including processing K1 Visa petitions (Form I-129F).
Form I-129F	The petition filed by a US citizen to request a K1 Visa for their foreign fiancé(e).
Adjustment of Status (AOS)	The process of applying for a Green Card after marrying a US citizen while in the US on a K1 Visa.
Form I-485	Application used by K1 Visa holders to adjust their status and apply for permanent residency (Green Card) after marriage.
Affidavit of Support (Form I-134)	A document demonstrating that the US citizen petitioner can financially support the foreign fiancé(e).
Form DS-160	The online visa application form that must be completed before the K1 Visa interview at the US embassy or consulate.
CR1 Visa (Conditional Resident Visa)	A visa for foreign spouses of US citizens married for less than two years, granting conditional permanent residency.
IR1 Visa (Immediate Relative Visa)	A visa for foreign spouses of US citizens married for more than two years, granting permanent residency with no conditions.
National Visa Center (NVC)	The US Department of State office that processes visa petitions after USCIS approval and forwards them to the embassy for interviews.
Advance Parole (Form I-131)	A document that allows K1 Visa holders to travel outside the US while their Green Card application is being processed.
Employment Authorization Document (EAD)	A work permit that allows K1 Visa holders to legally work in the US while waiting for their Green Card.
Request for Evidence (RFE)	A notice issued by USCIS or the US embassy requesting additional information or documentation to support the visa application.
Medical Examination	A required health examination for K1 Visa applicants conducted by a physician approved by the US embassy.
Police Certificate	A document showing the criminal history, if any, of the K1 Visa applicant in their country of residence.
Form I-130	The petition filed by a US citizen or lawful permanent resident to sponsor a foreign spouse for a marriage-based visa.
Biometrics Appointment	An appointment where the visa applicant provides fingerprints, photos, and a signature for background checks.
Port of Entry	The location (such as an airport or land border) where a foreign fiancé(e) enters the US using their K1 Visa.
Fiancé(e)	A foreign individual engaged to a US citizen who is applying for or has obtained a K1 Visa.
Green Card	A document that grants permanent residency in the US, allowing the holder to live and work indefinitely.

 

Section N: Additional Resources

 

US Citizenship and Immigration Services (USCIS) – K1 Visa Information
https://www.uscis.gov/family/family-of-us-citizens/fiancee-visa/k-1-nonimmigrant-visa-for-a-fiancee
The official USCIS page providing comprehensive information about K1 Visa eligibility, filing forms, and the application process for US citizens petitioning for their foreign fiancé(e).

 

U.S. Department of State – K1 Visa (Fiancé(e) Visa) Overview
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/fiance-k-1.html
An in-depth resource on the US Department of State’s website detailing the consular processing steps, required documents, and visa interview procedures for K1 Visa applicants.

 

National Visa Center (NVC) – Immigrant Visa Processing
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/nvc.html
The National Visa Center provides updates and guidance on visa petition processing, including what to expect after USCIS approves your petition and forwards it for consular processing.

 

Form I-129F (Petition for Alien Fiancé(e))
https://www.uscis.gov/i-129f
Official USCIS webpage where you can access and download Form I-129F, which is the petition used to apply for a K1 Visa. The page also includes filing instructions and required documentation.

 

Form I-485 (Application for Adjustment of Status)
https://www.uscis.gov/i-485
The official page for Form I-485, used by K1 Visa holders to apply for a Green Card after getting married in the US It, contains detailed instructions, form downloads, and information about filing fees.

 

Consular Electronic Application Center (CEAC) – DS-160 Form
https://ceac.state.gov/CEAC
A US Department of State portal where K1 Visa applicants complete the DS-160 Nonimmigrant Visa Application, which is required for the visa interview at the US Embassy or Consulate.

 

Affidavit of Support (Form I-134)
https://www.uscis.gov/i-134
Access the Form I-134 page, which US citizens must submit to demonstrate financial ability to support their foreign fiancé(e) during the K1 Visa process. It includes guidelines on how to fill out the form and supporting documentation requirements.

 

VisaJourney – K1 Visa Community Forum
https://www.visajourney.com/forums/forum/5-k-1-fiancee-visa-process/
A popular online forum where individuals going through the K1 Visa process share their experiences, timelines, and tips. This resource can be useful for real-world insights and advice from others in the same situation.

 

US Embassy and Consulate Directory
https://www.usembassy.gov/
Use this directory to locate the US Embassy or Consulate in the foreign fiancé(e)’s home country. The site provides contact details, visa processing times, and specific local requirements for the visa interview.

 

American Immigration Lawyers Association (AILA)
https://www.aila.org/
AILA is a professional organization for immigration lawyers. This resource can help you find qualified immigration attorneys to assist with your K1 Visa or other US immigration matters.

 

Poverty Guidelines for Affidavit of Support
https://www.uscis.gov/i-864p
Visa income thresholds set annually by the US Department of Health and Human Services (HHS).