The Ultimate Guide to K-1 Fiancé Visa
Xu Law Group’s immigration lawyers help international couples immigrate to the U.S.
The K-1 fiancé visa, popularized by the American reality TV show, “90 Day Fiance,” is a nonimmigrant visa that allows the foreign fiancé of a U.S. citizen to come to the U.S. and marry within 90 days of their arrival, eventually obtaining permanent residency in the U.S. - also known as a “green card.”
Like its name suggests, the K-1 90-day fiancé visa is a short term transitional visa that expires after 90 days. During the 90-day window, the foreign fiancé may get married and apply for a green card through the adjustment of status process with the USCIS to become a Lawful Permanent Resident (LPR). Applying for the K-1 visa can be a daunting process for many. In order to qualify for the K-1 visa, a set of requirements need to be met by both the U.S. citizen sponsor and the foreign fiance.
Qualifications for the K-1 Fiancé Visa:
Both the U.S. citizen and the foreign fiance must be legally free to marry. What this means is that both parties must either be single or have completed their divorce with a prior spouse. U.S. law does not allow polygamy or multiple marriages. Any previous marriages must have been legally and finally terminated by divorce, annulment, or death.
Both the U.S. citizen and the foreign fiance must be engaged and intend to marry after they arrive in the U.S. Ask our immigration lawyer the proper ways to show your intent to marry.
Steps to a Successful K-1 Fiancé Visa:
Here are the main steps in the K-1 visa process:
File form I-129F at the USCIS field office closest to the location where the US citizen resides. This visa petition for the foreign Fiancé is done on behalf of the foreign fiancé. Note that form I-129F cannot be submitted at a US embassy, consulate, or overseas USCIS center.
Wait for USCIS to approve the I-129F petition. It will be sent to the National Visa Center (NVC) for processing, then reviewed by a consular officer, and delivered to a U.S. consulate or embassy with an assigned case number.
After the NVC registry is completed, the petition is sent to the appropriate U.S. embassy or consulate, where it will be reviewed by another consular officer and issued with detailed instructions, including where to go for a required medical examination. The foreign-citizen fiancé will then be interviewed at a consular officer for the issuance of a K-1 visa.
What Supporting Documents are Required for the K-1 Fiancé Visa:
These documents must be presented with the K-1 visa petition or at the K-1 fiancé visa interview for all K-1 visa applicants and their dependent family members:
Passport biometrics pages for the U.S. citizen sponsor and the foreign fiancé
For the foreign fiance, a passport that has a minimum six-month validity beyond your planned stay in the United States.
Birth certificates for the U.S. citizen sponsor and the foreign fiancé with certified translations
If either spouse was previously married, divorce or death certificates for previous marriages
Form DS-160 per K-1 visa applicant.
Police certificate from the country where the foreign-born fiancé currently resides. The police certificates will also be required from any nation in which the international fiancé has resided for more than six months since he or she was sixteen years old.
Approved medical examination documents in their original sealed envelopes
Form I-134 declaration of support. To establish eligibility for K-1 visas, sponsors must submit evidence of long-term financial commitment to the applicant.
Two (2) passport-style photos are required. For full details check the Department of State's photo requirements.
The U.S. citizen sponsor must provide evidence that a genuine and non-fraudulent connection exists between them and the foreign fiancé.
Government filing fees.
Retain the services of a competent fiancé visa lawyer to assist your K-1 visa petition. Your lawyers will ensure that all forms and documents are properly completed and to prevent any avoidable rejections and delays.
How Much Does the K-1 Visa Cost?
When applying for a K-1 fiancé visa, you must consider several factors. The first is the filing fee for the I-129F, which is $535 per the USCIS website. When the beneficiary's sponsor files the petition, he or she is responsible for paying this fee.
The expense of traveling to and from the U.S. embassy or Consulate for your interview is another important consideration. Obviously, this will be determined by the means of transport you choose and the distance between the U.S. embassy or consulate and you.
The third is the cost of your lawyer, which can range from $1000 to $5000 depending on the complexity of your case. Consult our office for the attorney fees for your specific case.
K-1 Visa Interview
The K-1 visa interview is intended to give immigration officers a chance to check whether your relationship is a phony construct designed to allow you into the United States via fraudulent methods. Although this may appear frightening, those who have a genuine romantic connection with their foreign fiancé shouldn't have any problems.
The officer will conduct the interview by asking you simple questions about your fiancé and your relationship (e.g. where does he/she work, how long have you known him/her, etc.). Overall, the interview should not take very long and you should answer honestly.
A great way to make sure that you are prepared for the K-1 visa interview is to go over the specifics of your situation and relationship with an experienced fiancé visa immigration lawyer.
What Happens after the K-1 Visa - Traveling to the U.S. and Getting Married
Once your pass the K-1 visa interview, the consulate will arrange for your to pick up your visa. You will have 90 days until the visa expires. Before the K-1 visa expires, the foreign fiance may travel to the United States and choose to marry the U.S. citizen.
After you've exchanged vows, your new spouse will be able to apply for a green card through the Adjustment of Status process so that he or she may work and reside permanently in the country. This is a separate process from the K-1 visa and grants the first immigration benefits for the spouse. Talk to an immigration lawyer to get this process started before your K-1 visa expires.
If the K-1 visa fiance has any dependents such as minor children, a K-2 visa for the dependents may be applied at the same time. K-1 and K-2 visa holders can apply for employment authorization document (EAD) to begin working in the U.S. It's crucial to remember that if you submit the application prior to the Adjustment of Status, your EAD will expire within 90 days (when K-1 expires).
Receiving a Social Security Number (SSN)
Following marriage, many people are interested in obtaining a social security number. You may elect to apply for an SSN during the EAD application process. Talk to your immigration attorney for this option.
What to do if Your K-1 Visa is Denied
There are several reasons why your K-1 visa application might be denied. One of the most typical and mundane causes is simply because there was inaccurate, incomplete, or conflicting information on the I-129F. In this instance, you may simply correct the mistake and refile the petition with a new fee. Having an immigration attorney review your petition can help avoid some common issues for immigrant visa applicants.
Another reason why your visa may be denied is if the immigration official at the U.S. embassy or consulate doesn't feel that your relationship is genuine. This can easily occur if a large number of fraudulent applicants come from your country.
Getting your Green Card
The procedure of moving from a K-1 visa to a green card differs somewhat from the usual path. Nonimmigrants who hold any K visas can apply to have their status changed to green card status thanks to the Legal Immigration and Family Equity Act (or LIFE Act). After you've exchanged vows, the foreign spouse will be able to apply for a green card through the Adjustment of Status process so that he or she may work and reside permanently in the country. This is a separate process from the K-1 visa and grants the first immigration benefits for the spouse. Talk to an immigration lawyer to get this process started before your K-1 visa expires.
Marriage Green Card eligibility requirements:
hold a K class visa
married your U.S. citizen fiancé within the 90-day window
be eligible for adjustment of status
be able to enter the U.S.
Timeframe for adjustment of status:
K-1 (foreign fiance) holders may adjust status as soon as they marry their U.S. citizen fiancé.
K-2 (children of alien fiancé) can adjust status at the same time as their K-1 parent.
Before submitting the I-485 to change your status from a K-1 visa to a green card, you should consider how long it will take to get married, receive your marriage certificate, and file for your green card. As a K-1 applicant, you must consider how much time it will take to marry and convert your status.
Document Evidence for Green Card Application
To adjust, you must submit the following documentation:
Form I-130, I-130A
Form I-485
Form I-864: The Affidavit of Support Form
Tax records of your U.S. Citizen Spouse
W-2, employment letter, and recent pay stubs from the U.S. Citizen Spouse
(file twice if using a joint sponsor)
Form I-765: Application for Employment Authorization
Form I-131: Application for Travel Document
Two photos that adhere to the Department of State’s passport guidelines.
Passport: A copy of your passport biometrics page and K-1 visa page
Birth Certificate: A copy of your official birth certificate with certified translation
I-94: Your I-94 arrival/departure form
Marriage Certificate: Your marriage certificate
Filing Fees: The correct filing fees for your application. This step has the most common mistakes and is where the K-1 visa application encounters the most issues
Frequently Asked Questions
Q. What is acceptable proof as evidence of a fiancé relationship?
Photographs of your family and relationship photographs, phone records, letters, cards, plane tickets, and other items showing connection. During the interview, you will be asked questions to verify your relationship. To determine which additional papers are permissible under a K-1 Visa agreement, consult with our K-1 Visa lawyer.
Q. Can I travel outside the US as a K-1 Visa holder?
A K-1 visa holder is not permitted to depart and re-enter the United States on the same visa. If you wish to leave the country and return, it's advised that you apply for a travel document using Form I-131 or adjust your status to a legal permanent resident.
Q. Can I work as a K-1 Visa holder?
Only after you have completed Form I-765 for employment authorization and satisfied the other eligibility criteria.
Q. How long does it get to get the K-1 Visa?
The timeline varies based on the specifics of your case. For example, how long it takes for your I-129F petition to be processed depends on how busy the USCIS service center is. When it comes to interviews, the same may be said about the U.S. embassy or consulate.
However, the time it takes for your green card to process is likely under one year. Most green card applicants must wait until their priority date (the date when USCIS received an immigrant petition) is current as indicated by the monthly VISA bulletin issued from the Department of State.
To gain a better understanding of the total amount of time that it will take to go through the K-1, spousal visa, process, consult a K-1 visa lawyer for more details.
Q. Are there limits to the number of K 1 fiancé visa petitions?
A U.S. Citizen is limited to filing 2 K-1 visas in their life. If you have filed more than two K-1 visa in your past, you may be required to include a waiver in your application. The same applies if you have had an approved K-1 fiancé visa petition within the last two years.
Q. What happens if my marriage is fraudulent?
Those who engage in marriage fraud may face serious penalties, including five years in prison and significant fines. At the absolute least, your immigration record will be affected by this, making it more difficult to apply for a visa or green card in the future. The bottom line is that make sure your case is genuine.
Q. Should I Hire an K-1 Visa Immigration Lawyer?
K visa applicants often choose to hire a lawyer for help navigating the complex rules of the U.S. citizenship and immigration services and the K visa interview. Given the high stakes for the foreign partner and the citizen spouse we highly recommend retaining an experienced immigration lawyer.
Our K-1 visa attorneys have assisted with many complex situations, including support documents for financial hardship, long distance relationships, relationships that began recently, previous divorce with another immigrant spouse, criminal record, and concerns around visa fraud.
We know the process of sponsoring a foreign fiancé can be stressful for the citizen partner and the K-1 visa fiance. We are familiar with the government regulations involved and have experienced immigration lawyers, including retired consular officers on staff and as of-counsel to make sure both you and your partner find success.
Our package includes all forms, written statements, supporting documents, and visa interview training for the citizen sponsor and foreign spouse. We offer all this for a predictable flat fee. Call us today or fill out the contact form to schedule a consultation.
The K-1 fiance visa and the marriage green card process is complex and can involve corresponding with the government on important document updates. To avoid unnecessary delays and costly mistakes, we highly recommend you file with an experienced immigration attorney at our firm. Contact our office to start the application process.