The K-1 visa offers a pathway for U.S. citizens to bring their foreign fiancé(e)s to the United States for marriage. Often called the “fiancé visa,” it is a temporary non-immigrant visa that leads to permanent residency after marriage.
If you are considering sponsoring your fiancé(e), it’s essential to understand the requirements, timeline, required documents, and potential challenges.
Quick Facts
- Purpose: Allows a U.S. citizen to bring a foreign fiancé(e) to the U.S. for marriage
- Marriage Requirement: Must marry within 90 days of arrival
- Eligible For: Only U.S. citizens (not permanent residents) can petition
- Next Step: After marriage, apply for adjustment of status to permanent residency
Table of Contents
What Are the Key Requirements?
To qualify for a K-1 visa, you must:
- Be a U.S. citizen (green card holders cannot file)
- Intend to marry within 90 days of your fiancé(e)’s arrival in the U.S.
- Both parties must be legally free to marry (all prior marriages terminated)
- Have physically met in person within the last two years (exceptions for extreme hardship or cultural traditions)
- File a valid Form I-129F (Petition for Alien Fiancé(e))
K-1 Visa Timeline (Step-by-Step)
- File Form I-129F with USCIS
- USCIS Review & Approval (approx. 6–9 months)
- National Visa Center (NVC) Processing
- Consular Interview Abroad (medical exam + documents required)
- Visa Issuance & Entry into the U.S.
- Marriage within 90 Days
- Apply for Adjustment of Status (Form I-485) to obtain a green card
Total average timeline: 12–18 months (varies by consulate and case load).
Documents Needed
- Completed Form I-129F
- Proof of U.S. citizenship (passport, birth certificate, naturalization certificate)
- Passport-style photos (petitioner & beneficiary)
- Evidence of relationship (photos, communication records, flight tickets, etc.)
- Divorce decrees or death certificates (if previously married)
- Intent to marry statements signed by both partners
- Police clearance certificate (for the foreign fiancé(e))
- Medical examination results (panel physician-approved)
K-1 Visa Income Requirements
The U.S. citizen petitioner must meet the minimum income threshold:
- 100% of the Federal Poverty Guidelines when filing Form I-129F
- 125% of the Federal Poverty Guidelines when adjusting status (Form I-864 Affidavit of Support after marriage)
👉 Reference: USCIS Poverty Guidelines
K-1 Visa Approval Rate by Country
Approval rates vary significantly by country. According to U.S. Department of State data (recent reports):
- Countries with high approval rates: Canada, Western Europe, Australia
- Countries with lower approval rates: Some parts of Africa, South Asia, and regions with higher fraud indicators
👉 Reference: U.S. State Department Visa Statistics
K-1 Visa Denial Reasons
Common reasons include:
- Insufficient evidence of a bona fide relationship
- Missing documents or incomplete forms
- Failure to meet income requirements
- Prior immigration violations by the foreign fiancé(e)
- Security or background check issues
- Consular officer suspicion of fraudulent marriage
K-1 Visa Refusal vs. Denial
- Refusal: Often temporary, issued under 221(g) for missing documents or administrative processing. Can be overcome by submitting additional evidence.
- Denial: Final decision. Petition may be returned to USCIS for revocation. Typically requires appeal or re-filing.
Fiancé Visa vs. Spouse Visa Timeline
| Visa Type | Who Qualifies | Average Processing Time | Green Card Path |
|---|---|---|---|
| K-1 Fiancé(e) Visa | Foreign fiancé(e) of U.S. citizen | 12–18 months | Must marry & apply for adjustment of status |
| IR1/CR1 Spouse Visa | Foreign spouse of U.S. citizen | 12–15 months | Green card issued upon arrival |
👉 Related Lunel Law blog: IR6 Green Card Explained
FAQs
Can green card holders file for a K-1 visa?
No. Only U.S. citizens can petition for a fiancé(e).
Do we have to get married in the U.S.?
Yes. The marriage must take place within 90 days of entry.
Can the foreign fiancé(e) work on a K-1 visa?
Yes, but they must apply for work authorization (EAD) after arrival.
What happens if we don’t marry within 90 days?
The foreign fiancé(e) must leave the U.S. The K-1 cannot be extended.
Is the K-1 easier than a spouse visa?
It depends. A K-1 is often faster initially but requires two stages (fiancé visa + green card), while a spouse visa grants a green card upon entry.
References
- USCIS – K-1 Visa Requirements
- USCIS – Form I-129F, Petition for Alien Fiancé(e)
- U.S. Department of State – K-1 Fiancé(e) Visa Process
- USCIS – Poverty Guidelines (Form I-864P)
- U.S. State Department – Visa Statistics
Conclusion
The K-1 fiancé(e) visa can be the right choice if you’re engaged to a U.S. citizen and planning to marry soon. While it provides a clear pathway to permanent residency, the process requires careful planning, strong documentation, and meeting income requirements.
📞 Schedule a consultation with Lunel Law
At Lunel Law, we assist couples with fiancé(e) and spouse visa applications, ensuring every step is handled correctly.