K-1 Fiancé(e) Visa Background
The K-1 fiancé(e) visa is a nonimmigrant classification of marriage-based visa that is designed for the foreign-born fiancé(e)s of U.S. citizens. It gives those foreign fiancé(e)s the opportunity to come to the U.S. with the intention of marrying their U.S. citizen fiancé(e)s who are sponsoring their visas.
The K-1 visa provides 90 days for the marriage to take place. After that, the foreign fiancé(e) can apply for an adjustment of status with the USCIS to become a Lawful Permanent Resident (LPR) and receive a green card. The K-1 visa also allows for any dependents of the foreign fiancé(e) to come to the U.S. under K-2 visa status.
Because the primary purpose of this visa class is for eventual permanent immigration, applicants will need to fulfill some requirements associated with an immigrant visa.
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Definition of a Fiancé(e)
According to the regulations set by United States immigration law, the official definition of a fiancé(e) is anyone who receives approval of an I-129F Petition for Alien Fiancé(e).
This person should also be coming to the U.S. to marry the U.S. citizen who has sponsored them and filed the petition on their behalf.
Both parties of the relationship must not have any ongoing marriages – they must have been terminated through divorce, annulment, or death, leaving each fiancé(e) free to marry in the U.S. on the date when the I-129F petition is filed with the USCIS.
The marriage must also adhere to the laws of the state where the marriage ceremony occurs.
What Is The K-1 Visa Process?
The main steps of the K-1 process include:
- The U.S. citizen sponsoring the foreign fiancé(e) must submit an I-129F, Petition for Alien Fiancé(e) to the designated USCIS lock box listed on the USCIS website under the section titled “where to file”. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office.
- After USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and the NVC will forward your case to the U.S. consulate or embassy after assigning it a case number.
- Once the U.S. embassy or consulate receives the K-1 petition from the National Visa Center (NVC), they will send the foreign-citizen fiancé(e) instructions on next steps, including how to schedule the required medical exam. After completing the necessary steps, the fiancé(e) will attend a visa interview at the consulate. Following this, officers typically issue the K-1 visa.
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Required Fiancé Visa Documentation:
The K-1 fiancé(e) and all eligible dependents who wish to apply for the K-2 visa will need to bring these items to the K-1 visa interview:
- Online Nonimmigrant Visa Application DS-160. There should be one completed application per K visa applicant.
- A valid passport with a validity period that extends a minimum of six months past the intended duration of stay in the United States. Note: There may be exceptions that are specific to each country; ask your immigration attorney for more information.
- The foreign fiancé(e)’s birth certificate
- Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé(e) and the sponsoring U.S. citizen.
- The police certificate from the country in which the foreign-born fiancé(e) currently resides. The police certificates will also be required from any nation in which the foreign fiancé(e) has lived for more than six months since he or she was sixteen years old
- Evidence of an approved medical examination
- Proof of sustainable financial support to evidence that the fiancé(e) will not financially rely on the U.S. economy. Bring Form I-134 Declaration of Financial Support filled out by the U.S. sponsor.
- Two (2) passport-style photos. See these photograph requirements from the Department of State.
- Proof that a valid and non-fraudulent relationship exists between both the U.S. citizen sponsor and the foreign fiancé(e).
- The payment for all accompanying visa fees.
To help ensure that all of your documents are filled out and avoid any unnecessary setbacks, it is always advisable to retain a qualified fiancé(e) visa lawyer. With numerous forms and documents to submit, mistakes can be very costly. Need experienced help? At VisaNation, we make sure that your application is flawless. Start today!
How Much Does a K-1 Visa Cost?
- K-1 Visa filing fee (I-129F): $675. This is paid by the fiancé who is sponsoring the beneficiary when he or she files the petition.
- U.S. State Department processing (Form DS-160) $265
Medical examination: Fees vary, typically $100-$500 - Cost of traveling to and from the U.S. Consulate or Embassy for your interview. Varies
- Optional: cost of your attorney, which can vary widely.
What Should I Expect At The K-1 Interview?
The K-1 visa interview is designed to provide immigration officers with the opportunity to verify that your relationship is genuine and not solely for the purpose of entering the U.S. with fraudulent intentions. While this may seem intimidating, the officers carry no malicious intent, and those in a legitimate relationship with their foreign fiancé(e) need not worry.
The officer will ask you simple questions about your fiancé(e) 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 be on your way to a visa approval in no time.
A great way to ensure you are prepared is to go over the specifics of your situation and relationship with an experienced fiance visa lawyer.
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What To Do After Marriage For K-1 Visa?
Once the marriage has taken place, your new spouse is eligible to apply for a green card via the Adjustment of Status process. Once the green card is granted, this allows the spouse to live and work permanently in the country, effectively finishing the K-1 visa process.
K-1 and K-2 visa holders may file an application for employment authorization (EAD) along with the green card application.
It’s important to note that if you file an EAD application prior to filing the Adjustment of Status, then your EAD will expire within the 90-day window (when K-1 expires). For that reason, it’s advised to apply at the same time as your adjustment of status application.
How To Get a Social Security Number on a K-1 Visa Status?
You can apply for an SSN while on your K-1 visa by visiting a Social Security office, even before marriage. You should bring:
- A printout of your unexpired I-94
- Passport with K-1 visa
- Completed Form SS-5
- Birth Certificate (with translation).
If you are already married, bring your marriage certificate.
VisaNation Tip:
Applying too soon for your SSN could actually result in delays. Wait approximately two weeks after arriving in the country. Otherwise, it may require manual verification from the USCIS because your records of arrival may not be saved in the system yet.
What If I Get a K-1 Visa Denial?
There are a few reasons why your K-1 visa may be denied. One of the more common reasons is due to incorrect, incomplete, or inconsistent information on the I-129F. In this case, you can simply correct the mistake and refile the petition with a new fee. The best way to avoid this delay is to have an immigration attorney review your petition before filing.
Another reason why your visa might be denied is if the immigration officer at the U.S. Consulate or Embassy is not convinced of the legitimacy of your relationship, particularly if you have not met in person.
What Is The K-1 Visa To Green Card Process?
Unlike some of the other immigrant visa categories, the process of going from a K-class visa to a green card is a little bit different. Thanks to the Legal Immigration and Family Equity Act (or LIFE Act), nonimmigrants from all four K visas can apply to have their statuses adjusted to green card status.
To be eligible, you must:
- be a K-class visa holder
- have married your U.S. citizen fiancé(e) within the 90-day window if you are a K-1 holder
- be eligible to adjust your status
- be admissible to the United States
The timeframe for adjustment of status varies based on the K visa you have:
- K-1 (foreign fiancé(e)s) holders should adjust their statuses as soon as they marry their U.S. citizen fiancé(e).
- K-2 holders (children of foreign fiancé(e)s) should adjust their statuses at the same time as their K-1 parent.
- K-3 holders (foreign spouses) can adjust their statuses as soon as they enter the U.S.
- K-4 holders (children of foreign spouses) should adjust their statuses at the same time as their K-3 parent.
As a K-1 applicant, you will need to factor in the amount of time it will take to get married and receive your marriage certificate before filing the I-485 to adjust your status from a K-1 visa to a green card.
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Required Supporting Evidence
- Complete I-485 petition with wet signature
- Form I-797 Approval Notice for the I-129F petition
- Two photos that adhere to the Department of State’s passport guidelines.
- A copy of an official photo ID
- A copy of your official birth certificate
- A copy of your passport containing your K-class visa
- Your I-94 arrival/departure form
- Your marriage certificate if you have a K-1 visa
- Form I-864 Affidavit of Support completed by the U.S. citizen sponsor, accompanied by their most recent federal tax transcripts, W-2 forms, and current proof of employment.
- Form I-693 Medical Examination
- Payment for the Form I-485 application fee
- Proof of Termination of Prior Marriages (if applicable)
K-1 Fiancé(e) Visa Frequently Asked Questions
Is a K-1 Visa holder able to exit the US?
A K-1 visa holder, upon arriving in the US, is not allowed to leave and re-enter on the same visa. If you intend to exit the country, then re-enter, it's recommended to apply for a travel document with Form I-131 or adjust your status to a legal permanent resident. However, this form can take a few months to process.
Is a K-1 Visa holder allowed to work in the country?
A K-1 visa holder cannot work without an approved Employment Authorization Document. While there is a specific EAD for K-1 visa holders before marriage (a)(6) that can be applied for after arriving in the United States, the processing time and short validity period (90 days) make it obsolete.
Therefore, after marriage, the best option is to apply for employment authorization (Form I-765) along with the I-485 Adjustment of Status application.
What is the K-1 Visa Processing time?
According to USCIS, the time it takes for your I-129F petition in FY 2026 is ~7.5 months, but it can take as long as 12 months. This timeline varies depending on how busy the USCIS service center is.
After the I-129F is approved, the rest of the process (Consular processing, medical appointment, and interview) typically takes 3 - 6 months, but can also vary depending on how busy the U.S. consulate or embassy is when it comes to the interview.
Is there a limit on the number of filing petitions?
Two or more K-1 visa filings in your past may require you to apply for a waiver. Also, if you've had an approved K-1 petition within the last two years, the same applies.
Do I need a medical examination to adjust my status?
According to the USCIS, you will not need to obtain a medical examination provided that:
- You already obtained one for your K-1 visa
- The I-485 was filed within one year of that exam
- You did not have a Class A condition when you were examined, or
- You obtained a waiver of inadmissibility for your Class A condition.
What are the consequences of marriage fraud?
There are strict penalties for those who engage in marriage fraud, including five years of imprisonment, hefty fines, or both. At the very least, there will be marks put onto your immigration record that may inhibit your ability to apply for a visa or green card in the future. The bottom line is, make sure that your case is legitimate.
Which is faster, K-1 or a Spouse Visa?
When it comes to getting to the U.S., the K-1 Fiancé visa is typically faster. Read our article comparing the K-1 vs Spouse Visa