K-1 Fiancé(e) Visa, A Bridge to Marriage Based Immigration

Ready to start your life together in the United States? The K-1 Visa is the pathway for U.S. citizens to bring their foreign fiancé(e) to the U.S. for marriage.

What is K-1 Fiancé(e) Visa?

The K-1 Fiancé(e) Visa is a special nonimmigrant visa for foreign nationals who are engaged to U.S. citizens. It allows the foreign fiancé(e) to enter the United States for the purpose of getting married to their U.S. citizen partner. To qualify, the petitioner must be a U.S. citizen (lawful permanent residents cannot sponsor a K-1), and both partners must be legally free to marry each other. The couple is expected to get married within 90 days of the fiancé(e)’s arrival on U.S. soil. After the wedding, the foreign spouse can then apply for a green card (lawful permanent residence) without leaving the country. Importantly, any unmarried children under 21 of the foreign fiancé(e) can accompany their parent on K-2 visas, keeping the family together.

K-1 Visa Requirements

For the U.S. Citizen Petitioner:

Must be a U.S. citizen (green card holders are not eligible to file for K-1).
Must intend to marry the foreign fiancé(e) within 90 days of their arrival in the U.S.
Must have met the fiancé(e) in person at least once in the past two years (with limited exceptions).
Must be legally free to marry.
Must file Form I-129F with USCIS and provide supporting evidence of a genuine relationship.
Must meet the financial requirements or find a joint sponsor.

For the Foreign Fiancé(e):

How to Apply for K-1 Visa? The Application Process

Applying for a K-1 fiancé(e) visa involves several steps. Below is a simplified overview of how the process works from start to finish:

Step 1: File I-129F Petition with USCIS: The U.S. citizen files Form I-129F and supporting evidence with USCIS to prove the couple’s relationship and intent to marry. This includes evidence that the couple met in person within the past two years and that any previous marriages have been legally ended. Once USCIS is satisfied, the petition is approved.

Step 2: Consular Processing & Interview: The approved petition is sent to the National Visa Center and then to the U.S. Embassy or Consulate in the fiancé(e)’s country. The foreign fiancé(e) then completes the online visa application (Form DS-160) and attends an interview at the consulate. A medical exam is completed beforehand. At the interview, an officer reviews your case — if all goes well, the K-1 visa is issued.

Step 3: U.S. Entry & Marriage: The fiancé(e) uses the K-1 visa to enter the United States and is admitted for a 90-day period. The couple must get married within those 90 days. No extensions are given, so plan accordingly.

Step 4: Adjustment of Status to Green Card: After the marriage, the foreign spouse applies for a green card through adjustment of status inside the U.S. Once approved, the foreign spouse becomes a permanent resident (green card holder).

Key Benefits of a K-1 Fiancé(e) Visa

Choosing the K-1 route offers several advantages for couples:

Faster Reunification: A fiancé(e) visa can often bring your partner to the U.S. more quickly than waiting for an overseas marriage and spousal visa process. This means less time apart and the ability to start your life together sooner.
Wedding in the United States: The K-1 allows you to hold your wedding in the U.S. after your fiancé(e) arrives.
Family Can Come Together: Eligible children of the foreign fiancé(e) can come along on K-2 visas, so the whole immediate family can be reunited.
Path to Permanent Residency: After marriage, your foreign spouse can file for a green card from within the U.S., avoiding any need to return overseas.

Required Documents and Evidence

A successful K-1 application will include plenty of supporting documents to prove your eligibility and the authenticity of your relationship. Key items include proof of the U.S. petitioner’s citizenship (a passport or birth certificate), evidence of your relationship and in-person meeting (photos together, travel receipts, etc.), written statements from both partners of your intent to marry within 90 days of arrival, and official documents showing any previous marriages were legally ended. The foreign fiancé(e) will also need a medical exam and police clearance report before the visa interview. At the interview stage, you’ll present civil documents like your birth certificate, a sponsorship form (Affidavit of Support) from the U.S. partner to show financial ability, and any additional proof that your engagement is genuine. Being organized with documentation at both the petition filing and interview stages greatly improves your chance of a smooth approval.

Questions? You’re covered.

How long does the K-1 visa process take?

It varies, but on average a K-1 visa case takes around 10 to 12 months from start to finish.

What if we don’t marry within 90 days of my fiancé(e) arriving?

The 90-day deadline is strict. If no marriage occurs in that time, your fiancé(e) must leave the United States (K-1 status cannot be extended). Staying past 90 days without marrying will mean your fiancé(e) is out of status and could face deportation.

Can you work on a K1 visa after coming to the U.S. ?

No, not right away. A K-1 visa holder is only allowed to work after receiving an Employment Authorization Document (EAD), which usually comes a few months after applying for a green card post-marriage. In other words, your fiancé(e) cannot legally work during the initial 90-day period.

Can a green card holder sponsor a fiancé(e) visa?

No. Only U.S. citizens are eligible to petition for a fiancé(e) K-1 visa. Lawful permanent residents (green card holders) must either wait until they become U.S. citizens or consider other marriage-based visa options.

Do we have to have met in person to apply for a K-1 visa?

Yes, in most cases an in-person meeting is required. You must have met your fiancé(e) face-to-face at least once in the two years before filing the I-129F petition. There are very few exceptions (such as if meeting violates strict cultural/religious customs or causes extreme hardship to the U.S. petitioner), but those waivers are difficult to get. Almost all couples will need to meet in person and document that meeting with photos, travel records, and other evidence as part of the K-1 petition.

Why Choose Onal Gallant for Your Fiancé(e) Visa?

At Onal Gallant, reuniting you with your future spouse is our top priority. Our legal team has extensive experience with K-1 fiancé(e) visas and provides full-service support – from preparing a strong I-129F petition to guiding you through the k-1 visa interview preparation including k 1 visa interview questions and the post-marriage green card process.

We combine professionalism with compassion and attention to detail. Our attorneys meticulously prepare your paperwork to avoid delays and keep you informed at every step. You can focus on your relationship and wedding plans while we handle the legal complexities. With Onal Gallants competent fiancé visa attorneys by your side, you’ll have a dedicated partner working to bring your fiancé(e) home as quickly as possible.