K1 Fiance Visa Requirements, Application and Processing Time

The K1 fiance visa allows US citizens to bring their fiances to the US for marriage and permanent residency (green card) through adjustment of status.

The K1 visa allows your fiance to enter the US, get married within 90 days and then apply for a green card.

Many couples use the K1 visa to navigate their international relationship.

Not Eligible for a K1 Visa? We also assist with spouse visas for couples already married and green card applications for lawful permanent residents’ fiances. Visit our spouse visa page to learn more about how to apply for a green card for your spouse, and obtain a work permit.

Below our experienced K1 visa lawyers provide a comprehensive overview of K1 fiance visa, requirements, application and processing time and answer a series of frequently asked questions.

What is K1 Fiance Visa?

The K1 visa, also known as the K1 Fiance Visa, is a nonimmigrant visa specifically designed for the fiance of a U.S. citizen. It allows the foreign fiance to enter the United States for the sole purpose of getting married to their U.S. citizen partner within 90 days of arrival.

The K1 visa itself is temporary, but it allows your fiance to apply for adjustment of status to become a lawful permanent resident (green card holder) after the wedding.

Your fiance can bring their dependent children (unmarried, under 21) to the United States on a K2 visa.

K1 Visa Requirements: Can You Bring Your Fiance to the US?

To qualify for K1 visa, you must meet the following eligibility requirements:

U.S. Citizen Sponsor: You must be a U.S. citizen to petition for K1 visa.
Marital Status: Both you and your fiance cannot be currently married, and any prior marriages must be officially terminated.
Wedding Within 90 Days: You both intend to get married within 90 days of your fiance’s arrival in the US.
In-Person Meeting (Usually): Generally, you and your fiance must have met in person within the past 2 years. Waivers are possible in limited situations with evidence of extreme hardship or cultural obstacles.

K1 Visa Application Process: A Step-by-Step Guide

The K1 visa application process involves USCIS, the Department of State, and Customs and Border Protection. Your fiance must also attend a visa interview.

The key steps in the K1 visa application process are:

Gather Documents (Step 1): Start collecting all the documents you need for the K1 visa application.
Petition with USCIS (Step 2): As a U.S. citizen, you file Form I-129F with USCIS to petition for your fiance. Include any dependent children in the petition. The approved I-129F petition is valid for 4 months, with potential for revalidation.
US Consulate Application (Step 3): Once USCIS approves the petition, the case moves to the US Consulate in your fiance’s home country. This can take around 3 months.
K1 Visa Interview (Step 4): The Consulate will send instructions for a visa interview, including completing the DS-160 form (online application), medical examination details and interview scheduling information. Your fiance attends the in-person interview at the Consulate. Dependent children under 14 typically do not need to attend, but must submit a separate DS-160 form.
Travel to the US (Step 5): With a K1 visa approval, your fiance can finally travel to the US to get married.

K1 Visa Processing Time

The processing time for a K1 visa petition (Form I-129F) at USCIS can vary between 7 and 12 months, or even longer. This timeframe depends on their current workload.

K1 Visa to Green Card: How to Get Permanent Residency After Marriage

A crucial aspect of the K1 visa is the 90-day window. To transition from a K1 visa to a green card, the foreign fiance must enter the US and get married within 90 days of entering the United States.

Work Authorization: After entering the US with a K1 visa, your fiance can apply for a work permit (EAD) to legally work. Please note that the work permit’s initial validity is 90 days, but extensions are possible.

Green Card Path: Once married within 90 days, your fiance can apply for a green card through adjustment of status with USCIS.

Please note that your fiance cannot change to another visa status or obtain a green card through other means with a K1 visa.

Top K1 Visa Tips in for a Successful Application

Not for Marriages Outside the US: The K1 visa is not suitable for couples already married or planning a wedding outside the U.S.
Bring dependent children: Include dependent children (unmarried, under 21) on a K1 visa application to join your fiance in US.
Complete and accurate application: To avoid delays ensure petition is complete and all supporting documents are included.

Malescu Law can assist

The K1 visa process can involve complexities. Our experienced K1 visa lawyers can streamline the process and minimize the risk of delays for a successful application.

If you want to obtain an K1 visa, contact us today or schedule a consultation.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Malescu Law P.A. – Business & Immigration Lawyers