What is a K-1 Visa
What is a K-1 Visa?
The K-1 fiancé visa is a type of visa that allows US citizens to bring their foreign fiancés to the US and marry them within 90 days of entering the US. Since this visa is a non-immigrant type, it only allows for short-term stays. Those who receive a fiancé visa do not have direct residency, i.e. a Green Card. However, foreign nationals who marry their US fiancé within 90 days can apply for a Green Card without leaving the US.
What’s the Difference Between K-1 Visa and Spouse Visa?
The K-1 visa (fiancé(e) visa) is for a U.S. citizen’s fiancé(e) to enter the U.S., marry within 90 days, and then apply for a green card, while the spouse visa (CR-1/IR-1) is for a legally married couple, allowing the foreign spouse to enter as a permanent resident. The K-1 visa typically processes faster (6–12 months) but requires additional steps and costs for Adjustment of Status after marriage, whereas the spouse visa takes longer (12–18 months) but provides a green card upon arrival. The K-1 visa is ideal if you want to marry in the U.S., while the spouse visa suits those already married and seeking direct permanent residency.
What are K-1 Visa Requirements?
The K-1 visa is a type of visa suitable for the fiancées of US citizens living abroad.
The spouse sponsoring the K-1 visa must be a US citizen, Green Card holders cannot apply for a K-1 visa for their fiancées.
The couple must prove that they have met physically at least once in the last two years. The 2-year rule is an important condition for obtaining a K-1 visa, but if the meeting would cause serious difficulties for the foreign fiancée or if the meeting violates religious or cultural rules, then the 2-year rule can be removed with the I-129F (Petition for Alien Fiancée) application.
The foreign fiancée applying for a K-1 visa cannot currently have a migrant status in the US when applying, the application is specific to people residing outside the US.
The couple applying for a K-1 visa must not be married and must not have any other legal obstacles preventing them from getting married.
The sponsoring US citizen must show that he/she can financially support himself/herself and his/her fiancée. For this, the sponsor must show that his income is sufficient with his tax return for the previous year.
What Documents are Needed For a K-1 Visa?
The documents required for the K-1 visa are as follows:
A passport valid for at least 6 months,
Two color passport photos of the US citizen and his/her foreign fiancé,
A copy of the civil registration record, archived criminal record and military service certificate of the foreign fiancé,
A birth certificate, citizenship certificate or US passport showing that the petitioner is a US citizen,
If previously married, divorce decree, nullification or death certificates showing that these marriages have legally ended,
Documents related to changes in the name or surname of the US citizen or fiancé if they have previously changed their names,
Documents showing that the US citizen fiancé can provide financial support (documents such as tax returns and bank statements),
Evidence proving that the US citizen and his/her fiancé have physically met within the last two years, that their relationship is real and that they intend to marry. This evidence could be photos taken together, plane tickets, text messages, emails, phone records, or letters of support from friends or family members.
How Much Evidence Do I Need for a K-1 Visa?
The evidence provided for the K-1 visa should include proof that the US citizen and his/her fiancé have physically met within the last two years, that their relationship is real and that they intend to marry. This evidence could be photos taken together, plane tickets, text messages, emails, phone records, or letters of support from friends or family members. The more evidence there is, the more likely the application process is to go smoother.
K-1 Visa Application Process
The first step in applying for a K-1 visa is to apply to USCIS with the I-129F (Petition for Alien Fiancée) form for the future spouse of the US citizen.
After the application is approved, a DS-160 application is made to the National Visa Center (NVC) and an appointment is expected to be made for the fiancée visa interview from the relevant US embassy. On the day of the visa interview, candidates submit their documents, attend an interview and give fingerprints. During this process, the accuracy of the fiancée relationship and intentions with the fiancée are examined in detail.
What are the Steps to Follow in the K-1 Visa Application?
Filling out the I-129F form and submitting it with supporting documents is the first step of the application.
In the application, the couple must submit evidence proving their relationship (photos taken together, text messages, call records, etc.) and other documents required for the application.
The couple must prepare signed documents that describe their relationship and state that they will marry within 90 days of the foreign fiancé entering the US.
After your I-129F application is approved by USCIS, your file will be sent to the NVC and then to the US Embassy in the chosen place. At this stage, you must complete the DS-160 form and the I-134 form, which indicates that you can financially support your fiancé.
In order for the foreign national who is engaged to receive a K-1 visa, they must undergo a health check-up at one of the doctors determined by the Embassy.
If your visa is approved, you must travel to the US within 6 months and marry within 90 days of your entry.
Since you must marry within 90 days of entering the US, it is recommended that the plans and arrangements for marriage be made at this stage.
After you get married, you will be able to apply for a Green Card in the US.
K-1 Visa Processing Time 2025
As of June 2024, the processing time for I-129F applications by the U.S. Citizenship and Immigration Services (USCIS) is between 8-12 months. Once your I-129F application is approved, the file must be transferred to the National Visa Center (NVC), which takes about 2-3 weeks. Once your file is sent to the NVC, the DS-160 application is submitted, followed by a few months of waiting for an interview. Since all files and processing times are different, some files may be approved much sooner or much longer. However, the average wait time to enter the U.S. with a K-1 visa is between 1-1.5 years.
Can You Expedite a K-1 Visa?
Expediting the K-1 visa process at the U.S. Citizenship and Immigration Services (USCIS) and National Visa Center (NVC) is possible based on certain criteria, such as serious health issues, emergencies, or other extraordinary or humanitarian situations, but expediting requests are evaluated at the discretion of the authorities at the agencies.
K-1 Visa Costs: How Much Does a K-1 Visa Cost in 2025?
The total fee to be paid for the K-1 visa forms is $860. The fee for the I-129F (Petition for Alien Fiancée) form is $675. The application fee for the DS-160 form, which must be filled out afterwards, is $185.
The standard fee for the health report that must be obtained varies between countries and the additional tests and vaccinations that need to be done.
After the K-1 visa is obtained and the marriage takes place, a Green Card application must be made in the USA through the marriage. The total fee for the Green Card application is determined as $1440. In addition to the Green Card application, the work permit application is subject to a fee of $260, and the travel permit application is subject to a fee of $630.
Income Requirements for a K-1 Visa
To sponsor a K-1 visa, your income must meet or exceed 100% of the Federal Poverty Guidelines. In 2024, this means that for a household of two people (you and your fiancé), you need to make at least $20,440.
K-1 Visa Work Authorization and SSN
As K-1 is a non-immigrant visa, it does not authorize the holder to work in the US.
Can You Work with a K-1 Visa?
No, it is not possible to work in the US with a K-1 visa. After you receive a K-1 visa, travel to the US and marry your fiancé, you can apply for a Green Card and work permit based on your marriage. Your work permit will arrive approximately 4-6 months after your green card application, and you can work legally in the US with this document.
Can a K-1 Visa Holder Apply For an SSN (Social Security Number)?
The work permit application filed with the Green Card application will grant the applicant with an SSN as well.
Do K-1 Visa Holders Receive SSN Before or After Marriage?
You can only receive an SSN after you get married and file a Green Card application.
What are the Common K-1 Visa Denial Reasons?
The K-1 visa, also known as the fiancé(e) visa, may be denied for various reasons, including:
Insufficient Evidence of a Genuine Relationship
Failure to prove a bona fide relationship between the U.S. citizen petitioner and the foreign fiancé(e).
Lack of photos, communication records, or evidence of meetings.
Ineligibility of the Petitioner or Beneficiary
The petitioner or fiancé(e) does not meet the eligibility criteria (e.g., age, marital status, etc.).
Either party is still legally married to someone else.
Failure to Meet the Meeting Requirement
The couple has not met in person within the two years before filing, unless they qualify for an exemption (e.g., religious or cultural practices).
Incomplete or Incorrect Application
Missing documents, incorrect information, or errors on the submitted Form I-129F (Petition for Alien Fiancé(e)).
Criminal History or Security Concerns
A criminal record or past activities of the petitioner or beneficiary that raise security concerns.
Health-Related Issues
Failure to pass the medical examination or providing false information about health conditions.
Fraud or Misrepresentation
Evidence suggesting the relationship is fraudulent or solely for immigration purposes.
Financial Ineligibility
The petitioner fails to meet the income requirements to support the fiancé(e) and avoid becoming a public charge.
What Happens After the K-1 Visa is Approved?
Visa Issuance
After approval at the U.S. Embassy or Consulate, the K-1 visa is issued, usually within a few weeks.
Travel to the United States
The foreign fiancé(e) must travel to the U.S. within the validity period of the K-1 visa (typically six months).
Marriage Within 90 Days
The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S. to comply with visa requirements.
Adjustment of Status (AOS)
After marriage, the foreign spouse can apply for Adjustment of Status (Form I-485) to obtain a green card and become a lawful permanent resident.
Conditional Permanent Residence
If the marriage is less than two years old at the time of green card approval, the foreign spouse receives conditional permanent residence for two years.
Filing for Removal of Conditions
Before the conditional green card expires, the couple must jointly file Form I-751 to remove conditions and obtain a 10-year green card.
Why Should You Work With a K-1 Visa Lawyer?
There are complex application processes and specific requirements for obtaining a K-1 visa. It would be beneficial to get support from an immigration attorney during this process.
Work with Oguz Law’s K-1 Fiance Visa Attorneys
Oguz Law can guide you in K-1 visa applications. We can provide you with legal support in filling out application forms, collecting documents, following up on the immigration process and preparing for interviews. If you want to get professional support for your K-1 visa application, you can contact us for detailed information.
FAQs About the K-1 Visa
Is the K-1 Fiance Visa Immigrant or Nonimmigrant?
The K-1 Visa is a non-immigrant visa.
How Long After K-1 Visa Can I Work?
You can start working once your work permit arrives 3-4 months after the Green Card application.
Can K-1 Visa Be Denied Because of Age Difference?
No, an age difference itself is not a reason for the denial of a K-1 Visa.
What are the Red Flags For K-1 Visa?
Common red flags for a K-1 visa include significant age differences between partners, communication barriers (e.g., no shared language), minimal or no in-person meetings, rapid engagement or marriage plans, a history of multiple K-1 visa petitions by the U.S. citizen petitioner, inconsistencies in the relationship timeline or supporting documents, and insufficient evidence of a genuine relationship.
Who is Not Eligible For a K-1 Visa?
Individuals are not eligible for a K-1 visa if either party is still legally married, the couple has not met in person within two years (unless qualifying for an exemption), the petitioner does not meet financial requirements, or there is evidence of a fraudulent relationship. Additionally, petitioners with certain criminal convictions (e.g., domestic violence or sexual offenses) or those who have filed multiple K-1 petitions may face eligibility restrictions unless they obtain a waiver.