K-1 Visas are for people who are fiancé(e)s of a United States Citizen.
The K-1 visa allows the fiancé(e) to enter the United States solely to get married to the United States Citizen, and they will have 90 days to do so once they enter the United States. Once married, the K-1 may apply for lawful permanent residence and get a Green Card.
To start the process, the US Citizen files form I-129F with US Citizenship and Immigration Services (USCIS). They must show a bona fide (real and genuine) intention to marry within 90 days of entry, no legal obstacles to getting married (such as a still-valid marriage), they have previously met in person within the last two years, and no criminal issues preventing approval.
Once approved at USCIS, the visa application is submitted to the Department of State along with supporting evidence, including an affidavit showing that the United States Citizen can financially support his or her fiancé(e). Then, the U.S. Embassy or consulate will schedule an interview with the fiancé(e) and, if approved, issue the visa. The fiancé(e) will then enter the United States and has 90 days to get married. If not married in 90 days, the fiancé(e)’s status expires, and he or she must leave.
In addition, the fiancé(e) may bring their unmarried children under age 21 to the United States on a K-2 visa. The children’s information must be included on the I-129F submitted for the fiancé(e), and must still be unmarried and under 21 when they enter the United States. Further, they cannot travel to the United States before the fiancé(e) does, but they may travel simultaneously or later than the fiancé(e). Once the United States Citizen and the fiancé(e) are married, unmarried children will be eligible for a Green Card.
Everything You Need to Know About K-1 Visas
Crucial Steps in Filing the Petition
Initiating the process for a fiancé(e) to come to the United States begins with submitting Form I-129F to U.S. Citizenship and Immigration Services (USCIS). This form establishes a genuine intent to marry within 90 days of entry. Evidence typically includes proof of an in-person meeting within the past two years and documentation that neither party is legally prohibited from marrying. Once approved, the file moves to the U.S. Department of State for consular processing. At that stage, the fiancé(e) attends an interview abroad, submits an affidavit of support from the U.S. petitioner, and demonstrates that all legal requirements are satisfied.
A well-prepared case often hinges on thorough documentation. Couples generally present photographs, airline tickets, passport stamps, personal statements, and letters from family or friends attesting to the authenticity of the relationship. Petitions may face delays if key details are missing or past immigration issues exist. For this reason, many individuals seek the guidance of a K-1 visa lawyer who can help reduce the likelihood of setbacks.
Transitioning to Green Card Status
Once the fiancé(e) enters the country, marriage to the U.S. citizen petitioner must occur within the 90-day window. The foreign spouse may initiate an adjustment of status by filing Form I-485. Biometrics appointments, additional documentation, and possibly another interview may follow. While the timeline can vary, securing legal counsel is often helpful to ensure every phase is addressed properly.
Many couples request work authorization or travel permission while the adjustment application is pending. These benefits allow the new spouse to begin working or visit family abroad before obtaining a Green Card. Working with a K-1 visa attorney can smooth the process by clarifying procedural steps, highlighting evidentiary gaps, and confirming that all forms are prepared correctly.
Potential Complications and Delays
Although the K-1 visa path is a viable route for many, there are reasons applications may be denied or stalled. Missing documentation, prior overstays, or certain criminal records can trigger deeper scrutiny. Additionally, inadequate financial evidence can impede approval, given that the U.S. petitioner must meet specific income thresholds set by federal guidelines.
If a denial occurs at the consulate, couples must address the consular office’s concerns or file a new petition. When USCIS issues a denial, appeals or motions to reopen may be available, depending on the cause. At every stage, comprehensive preparation can help circumvent or mitigate these complications. Enlisting a K-1 visa lawyer early on enables couples to handle potential obstacles before they lead to extensive delays.
Bringing Children on K2 Visas
Children under 21 who remain unmarried can accompany the principal applicant on K2 visas. However, their details must be included on the I-129F form at the outset. To maintain eligibility, these children cannot travel to the United States before the principal K-1 holder, although simultaneous or subsequent entry is allowed.
Once the marriage occurs and the adjustment of status process starts, children typically file their own applications for lawful permanent residence. Monitoring age-out risks is crucial if the child is nearing 21, as timing and proper filings are essential to preserve eligibility. A structured approach to documentation ensures that children can join their parents without compromising their legal status.
Frequently Asked Questions
- How long does it take to get a K-1 visa?
Processing times vary, but it can take several months to over a year from filing the initial petition to obtaining the visa. Delays often depend on USCIS and consular backlogs. - Do I need an attorney for this process?
While not mandatory, many couples use legal services for completeness and peace of mind. A lawyer helps spot issues that might cause denials or delays. - Can I apply for work authorization right away?
After arriving on a K-1 visa and getting married, the applicant may submit a work permit request alongside the adjustment of status paperwork. Approval typically comes within a few months. - What if I haven’t seen my fiancé(e) in person?
Generally, the law requires a face-to-face meeting within two years of filing. Specific hardship or cultural exceptions exist, but they must be well-documented. - How can I prove a genuine relationship?
Couples commonly submit photos, travel confirmations, social media posts, and letters from family or friends. Any evidence demonstrating a genuine intention to marry helps.