K-1 Fiancé Visa FAQ
Get answers to the most commonly asked questions about the K-1 fiancé visa process. Can't find what you're looking for? Contact us for a free consultation.
General K-1 Visa Questions
What is a K-1 fiancé visa?
The K-1 fiancé visa is a nonimmigrant visa that allows a foreign citizen fiancé of a U.S. citizen to enter the United States for the purpose of marriage. After entering on a K-1 visa, the couple must marry within 90 days, and the foreign spouse can then apply for a green card (adjustment of status).
How long does the K-1 visa process take?
Processing times vary depending on USCIS workload, the embassy's location, and your specific circumstances. Schedule a consultation for a realistic assessment of your case timeline.
Who can petition for a K-1 fiancé visa?
Only U.S. citizens can petition for a K-1 fiancé visa. Green card holders (permanent residents) cannot sponsor a fiancé for a K-1 visa—they must wait until they become U.S. citizens or explore other visa options.
Do we have to have met in person?
Yes, you must have met your fiancé in person at least once within the two years before filing the petition. There are limited exceptions for those whose religion prohibits unmarried couples from meeting, or if meeting would cause extreme hardship.
K-1 Visa Process Questions
What happens after the K-1 visa is approved?
After your fiancé's K-1 visa is approved at the embassy interview, they receive a visa packet that must remain sealed. Your fiancé has 4 months to enter the U.S. After arrival, you must marry within 90 days. Then your spouse can apply for adjustment of status to become a permanent resident.
What if we don't marry within 90 days?
If you don't marry within 90 days of your fiancé's entry, they will be out of status and must leave the United States. The K-1 visa cannot be extended. Failure to leave could result in deportation and bars on future immigration benefits.
Can my fiancé work on a K-1 visa?
K-1 visa holders cannot work immediately upon entry. After marriage, your spouse files Form I-485 (adjustment of status) and can simultaneously file Form I-765 for work authorization (EAD).
Can my fiancé's children come with them?
Yes, your fiancé's unmarried children under 21 can apply for K-2 derivative visas. They must be listed on the original I-129F petition and go through the same visa process at the embassy.
Can we get married before the K-1 visa is issued?
No, if you marry before the K-1 visa is issued, the petition becomes invalid. If you want to marry abroad first, you would need to file Form I-130 for a CR-1/IR-1 spouse visa instead.
K-1 vs Other Visas
What's the difference between K-1 and CR-1 visas?
K-1 visas are for fiancés and require marriage within 90 days of U.S. entry; the foreign national then applies for a green card after marriage. CR-1/IR-1 visas are for people already married, and the spouse receives their green card immediately upon entry.
Which is better: K-1 or CR-1?
It depends on your situation. CR-1 visas grant immediate permanent residence upon arrival and often have lower total costs, while K-1 requires a two-step process (visa + adjustment of status). Schedule a consultation to discuss which option is best for your circumstances.
Can I convert my K-1 visa to a tourist visa?
No, the K-1 visa is specifically for entering the U.S. to marry your petitioner. If you enter on a K-1 and don't marry, you cannot convert to another status and must leave the country.
Denial & Issues
Can a K-1 visa be denied?
Yes, K-1 visas can be denied for various reasons including: insufficient evidence of a genuine relationship, failure to meet in person, criminal history, immigration violations, health issues, or inability to meet financial support requirements.
What happens if my K-1 visa is denied?
If denied, you'll receive a written explanation. Depending on the reason, you may be able to provide additional evidence and request reconsideration, file a new petition, or in some cases, apply for a waiver. An experienced immigration attorney can help evaluate your options.
What are common reasons for K-1 visa denial?
Common denial reasons include: lack of proof the relationship is genuine, not meeting in person within 2 years, criminal history (especially fraud or violence), previous immigration violations, failure to meet income requirements, or providing false information on the application.
Costs & Requirements
How much does a K-1 visa cost?
Government filing fees for the K-1 visa total approximately $1,135+ including: I-129F petition ($535), DS-160 visa application ($265), USCIS immigrant fee ($235), plus medical exam costs ($100-500). Legal fees, translations, and travel are additional.
What are the income requirements for K-1 visa?
The U.S. citizen petitioner must demonstrate income at or above 125% of the federal poverty guidelines for their household size. For a household of 2, this is approximately $24,650 per year (2024). Joint sponsors can help meet this requirement if needed.
Still Have Questions?
Every K-1 visa case is unique. Schedule a free consultation with our experienced immigration attorneys to discuss your specific situation.