K-1 Fiancé(e) Visa 2025: Top 50 Frequently Asked Questions

Updated November 2025
By Richard T. Herman, Immigration Attorney
Herman Legal Group

Introduction

The K-1 Fiancé(e) Visa allows a foreign national to enter the United States to marry a U.S. citizen within 90 days of arrival.
This 2025 FAQ guide brings together the 50 most frequently asked K-1 visa questions, with concise, plain-English answers and links to official government resources and to helpful guidance from the Herman Legal Group, Ohio’s leading immigration law firm. The K-1 visa interview aims to assess the authenticity of the relationship between the applicant and the U.S. citizen fiancé. Nervousness can negatively impact your K-1 visa interview performance, so applicants are encouraged to prepare thoroughly and stay calm. Consular officers expect applicants to provide honest and consistent answers during the interview.

Process Overview

Step Form Agency Approximate Timeline (2025)
1 I-129F Petition USCIS 8 – 12 months
2 DS-160 Application U.S. Embassy 3 – 6 months
3 Medical Exam & Interview Panel Physician + Consulate Varies
4 Entry & Marriage (90 Days) CBP Immediate
5 I-485 Adjustment of Status USCIS 6 – 14 months

Frequently Asked Questions

1. What is a K-1 Fiancé(e) Visa?

A non-immigrant visa that allows a foreign-citizen fiancé(e) of a U.S. citizen to enter the U.S. to marry within 90 days.
Official State Department Overview

2. Who Can Petition for a K-1 Visa?

Only U.S. citizens can file Form I-129F.
Permanent residents must marry first and then file for a spousal visa (CR-1 or IR-1). To obtain a K-1 visa, the U.S. citizen must file Form I-129F with USCIS.

3. What Are the Eligibility Requirements?

  • Both partners are legally free to marry.
  • You must intend to marry within 90 days of entry.
  • You must have met in person within two years unless a waiver is granted.
    8 CFR § 214.2(k) It’s important to review your application and supporting documents before the K-1 visa interview.

4. How Long Does the Process Take in 2025?

Typically 12 to 20 months total.
Check USCIS processing times and embassy wait times. The K-1 visa is valid for six months, during which the fiancé must enter the U.S.

5. Can a Permanent Resident File for a K-1?

No. Only U.S. citizens are eligible to petition.

6. What Evidence Proves a Real Relationship?

Photos, travel itineraries, call logs, chat screenshots, and affidavits from friends or family.
Missing documentation or weak evidence is a common cause of delays or rejections in the K-1 visa process. Common reasons for K-1 visa denial also include insufficient evidence of a bona fide relationship, not meeting the income requirements, and failure to meet the in-person meeting rule. Lack of knowledge about your fiancé(e) or the relationship can lead to skepticism from the consular officer.

7. Can We Apply If We Met Only Online?

No. The law requires an in-person meeting within the past two years unless religious or hardship exceptions apply.

8. Do We Need a Wedding Planned Before the Interview?

No. Proof of intent to marry, such as venue inquiries or invitations, is sufficient.

9. What Are the Typical Costs in 2025?

Stage Form Approximate Cost
USCIS Petition I-129F See fee schedule
Embassy Fee DS-160 ≈ $265
Medical Exam Varies $150 – $400
Green Card (AOS) I-485 Package ≈ $1,440

10. What Income Must the Sponsor Show?

At least 125% of the Federal Poverty Guidelines, demonstrated with Form I-134 and, later, I-864. The U.S. citizen sponsor must meet certain income requirements or have a qualified joint sponsor.

11. Can a Joint Sponsor Help?

Only at the green card (I-864) stage; joint sponsors are not recognized for the initial K-1 visa interview.

12. Do I Need a Medical Exam?

Yes. It must be performed by a U.S. embassy–approved panel physician.
The K-1 visa interview is conducted at a U.S. Embassy or Consulate in the fiancé’s home country.

13. Are Police Certificates Required?

Yes. You must obtain one from every country where you have lived for six months or more since age 16.
The foreign fiancé must provide police clearance certificates and complete a medical exam as part of the application process.

14. What Is IMBRA?

The International Marriage Broker Regulation Act requires petitioners to disclose certain criminal records and protects foreign fiancé(e)s.

15. When Must We Marry?

Within 90 days of entry to the United States. If the couple does not marry, the foreign fiancé must leave the U.S. or face consequences for future travel and immigration. After marrying, the K-1 visa holder may apply for adjustment of status to become a lawful permanent resident. The couple may be asked about their future plans, including wedding date, living arrangements, and how they will support themselves financially after marriage.

16. Can I Work After Arrival?

Only after receiving an Employment Authorization Document (EAD) via Form I-765.
The foreign fiancé cannot work in the U.S. until they receive an Employment Authorization Document (EAD) after applying to adjust their status.

17. Can I Travel Before Getting a Green Card?

Travel requires Advance Parole authorization (I-131); leaving the U.S. without it abandons your AOS case.

18. What If We Do Not Marry in 90 Days?

The foreign fiancé(e) falls out of status and must depart the U.S. unless you quickly marry the K-1 petitioner and file for adjustment of status

19. Can My Children Come Too?

Yes. Unmarried children under 21 may receive K-2 visas as dependents. Both parties must have met in person at least once within the two years before filing the petition, with some exceptions.

20. What Happens After We Marry?

You must file I-485 to adjust status to permanent residence. Include I-864, I-765, and I-131 as applicable.

21. What If Our I-129F Expires Before the Interview?

The consulate can revalidate it for four-month intervals until processing is complete.

22. Can We Request Expedited Processing?

Possibly, in humanitarian or emergency situations.
USCIS Expedite Guidance

23. What Is a 221(g) Refusal?

A temporary hold issued when additional documentation or review is needed.

24. Can We Extend the K-1 Visa?

No. The K-1 cannot be extended; marriage must occur within 90 days.

25. Can We File While the Petitioner Lives Abroad?

Yes. The petitioner must prove U.S. domicile at the green card stage.
USCIS Domicile Guidance

26. How Do We Prove Intent to Marry?

Provide emails, invitations, venue quotes, and receipts.

27. Do We Need Certified Translations?

Yes. Non-English documents must include certified English translations.

28. Can a K-1 Holder Get a Social Security Number?

Usually after receiving the EAD.
SSA Number Guidance

29. Which Embassies Have Long Waits?

Check Visa Wait Times by Post.

30. Can I Change Visa Type After Arrival?

No. K-1 status is single-purpose and cannot be changed to another visa.

31. What If Either Partner Has a Criminal Record?

Some crimes require a waiver such as Form I-601.
HLG Consultation

32. What If the Petitioner Dies Before Visa Issuance?

The petition becomes void, but humanitarian reinstatement may apply.
USCIS Guidance

33. Do K-1 Couples Attend a Green Card Interview?

Yes. Most Adjustment of Status cases include an in-person USCIS interview.
If the adjustment of status application is approved, the K-1 visa holder receives a conditional green card valid for two years.

34. What If the Marriage Ends Before Green Card Approval?

The K-1 holder usually loses eligibility. Consult an attorney.
HLG Consultation

35. When Do We File Form I-751?

File during the 90 days before your two-year green card expires.
I-751 Instructions To remove conditions and obtain permanent residency, the couple must file a joint petition within 90 days before the conditional green card expires.

36. What If I Face Abuse After Marriage?

You may qualify under the Violence Against Women Act (VAWA).

37. Can I Get a Waiver for Fraud or Misrepresentation?

Possibly, through Form I-601 or I-212.

38. Should I File I-485 and I-765 Together?

Yes, filing both together saves time and fees.
USCIS Concurrent Filing Guidance

39. Is a K-1 Visa Faster Than a CR-1?

Sometimes, but CR-1 entrants are permanent residents immediately.

40. Are There Limits on Multiple K-1 Petitions?

Yes. Repeat petitioners within two years require an IMBRA waiver.

41. Can Same-Sex Couples Apply?

Yes. The U.S. government fully recognizes same-sex marriages.

42. What If We Break Up After Approval?

Withdraw the petition immediately.

43. How Do I Check Case Status?

Use the USCIS Case Tracker and the CEAC Status Tool.

44. Can We Transfer Our Case to Another Embassy?

Yes. Transfers are allowed in limited circumstances.

45. What Are “Packets 3” and “Packet 4”?

Embassy instruction packets listing required documents, fees, and interview details.

46. What If My Passport Is About to Expire?

Renew it before the interview.
DOS Passport Information

47. Where Can I Find Official Updates?

USCIS Newsroom
HLG Blog

48. What If My Petition Is Denied?

You can refile or appeal depending on the reason. Legal review is recommended.
HLG Appeal Consultation

49. What Should I Do If the Embassy Requests More Evidence?

Provide all requested items promptly and completely. Legal guidance helps avoid re-refusals.

50. Who Can Help Us File Correctly and Avoid Delays?

The Herman Legal Group, led by attorney Richard T. Herman, has more than 30 years of experience assisting couples worldwide. The total processing time for a K-1 visa can range from 10 to 15 months or longer.

K-1 fiance visa, top 50 questions answered. 2025 november. by renowned k-1 visa lawyer richard t. herman

 

Comparison of Leading Family-Based Immigration Law Firms

Region Firm Highlights Website
Midwest & Nationwide Herman Legal Group 30 years of experience • Family & employment immigration • Personalized attention lawfirm4immigrants.com
California Fragomen LLP Large global corporate practice fragomen.com
Texas Kuhlman Law Family & investor visas • Boutique firm kuhlmanlaw.com
New York Wildes & Weinberg P.C. High-profile family and O-1 cases wildeslaw.com
Florida Rothrock Law Firm Focus on K-1 & marriage visas • Bilingual rothrocklawfirm.com
Nationwide Platform Boundless Immigration Automated preparation • Limited attorney interaction boundless.com

Why Choose Herman Legal Group

  • Over 30 years of family-immigration experience
  • Offices in Cleveland, Columbus, Akron, Cincinnati, Dayton, and Youngstown
  • Nationwide virtual representation
  • Multilingual staff in English, Spanish, Arabic, Mandarin, and more
  • Led by Richard T. Herman, co-author of Immigrant, Inc.

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Resource Directory

Category Link
K-1 Visa Overview travel.state.gov
USCIS Forms I-129FI-134I-485I-864
Medical Rules CDC Panel Physicians
Fee Calculator USCIS Fee Tool
Legal Help Herman Legal Group – K-1 Visa Lawyers
How to File an I-129F for a Foreign Fiance and Get K-1 Visa?

A K-1 fiancé visa is a nonimmigrant visa that allows a foreign fiancé to enter the United States with the purpose of getting married to a U.S. citizen. An approved visa will last for six months after it gets assigned. The couple has a time frame of 90 days from the entry date to perform the wedding and apply for Adjustment of status process, which will give the fiancé a legal permanent residence in the U.S.

Requirements that are set for the U.S. citizen and foreign fiancé to fulfill to be eligible for a K-1 visa are:

  • The legal ability for getting married, which means that intended spouses have to be free from previous marriages
  • The couple has to meet in person at least one time for two years before applying for a K-1 visa

The K-1 visa petition process begins when the U.S. citizen downloads, completes and files the Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). Paperwork does not require hiring an immigration attorney; however, the couple can hire one to help them run the process. USCIS instructions are available on the website.

There are eight parts of the form:

  1. Petitioners information – this is a part where the U.S. petitioner should answer the questions with precise details about names (full legal name from government-issued ID document, nicknames, or any name changes from the past), social security number, dates, mailing address for receiving notices and physical address, employment data for the last five years, parent’s biographic information, marriages from the past if there are, citizenship grounds, previous petitions, underage children, residence information.
  2.  Beneficiary information – these questions are almost the same as the previous ones, but they refer to the foreign fiancé information. It is possible to choose one of the available embassies abroad for his or her interview.
  3. Other information includes information about the criminal background or requesting a multiple-filer waiver if this petition is not the first one filed.
  4. Biographic data – these questions are additional information about the petitioner’s ethnicity, race, etc.
  5. Petitioner’s statement, contact, declaration, and signature – in this part, the petitioner has to make sure that the documents are signed and dated.
  6. Interpreter’s contact information, certification, and signature – this part is filed if there is a person who helps with the question translation and interpretation.
  7. Contact information, declaration, and signature of the person who prepared the petition if it was not the petitioner
  8. Additional information – this part serves as an extra space

The filing fees for this form are 535$, but it is recommended to double-check before the payment.
There is also an optional Form G-1145, e-Notification of Application/Petition Acceptance, that can be filled out. If so, it has to be attached to the application’s cover page (on the top).

The I-129F package has to be copied entirely and then mailed to the USCIS Lockbox, which is recommended to do with a request for delivery confirmation. Copies will be sent to the foreign fiancé so that he or she can prepare for the interview.

For more detailed instructions about filing the I-129F form, it is possible to check the Form Filing Tips.

What are Legal Requirements for K-1 Fiance Visa?

You want the K-1 nonimmigrant visa for your fiance, but have no idea what the requirements are.

The Herman Legal Group will make it easier for you! We have over 25 years of experience with immigration law. Let’s take you step-by-step through the K-1 nonimmigrant visa below:

What is the K-1 Fiance Visa?

The K1 nonimmigrant visa allows a foreign fiancé to do the following:

  • Enter the United States, and;
  • Get married within the next 90 days with their partner, the U.S citizen and sponsor.

If the couple plans to live in the United States after getting married, the foreign spouse should apply for adjustment of status to get a permanent residence.

If you or your spouse wants to be a permanent resident, a marriage green card is the option you want to take. You can read more about the marriage green card here.

Required Documents for a K-1 Visa (US Sponsor)

There are two sets of required documents you want to prepare: one for the US sponsor, and one for the foreign fiancé.

#1 Birth Certificate

Your birth certificate must be issued by a civil authority, such as civil registrar or vital statistics office. It will show your identification, age, and birth place.

#2 US Passport

The passport must not be expired. It must be issued for a ten-year period for those over 18, and over a five-year period for those under 18.

#3 Consular Officer Statement

This original statement from the consular officer will verify that you are a US citizen.

#4 Certificate of Naturalization or Citizenship

Your certificate must be issued by the USCIS. In the case that you were born abroad, you will need a U.S. Department of State Form FS -240 (“Report of Birth Abroad of a United States Citizen”).

Required Documents for a K-1 Visa (Foreign Fiancé or Partner)

#1 Birth Certificate

Again, the birth certificate must be issued by a government agency.

#2 Passport

The foreign passport must not be expired and must be issued within a period of ten years for immigration services.

#3 Police Certificates

If this is requested by the embassy, feel free to include it in your visa petition.

#4 Military Certificates, If Applicable

Military service must have certificates as well.

#5 Medical Examination Documents

Prove that you are of good health and fit to travel with a medical exam.

#6 Passport-Style Photos

Bring two (2) colored passport-style photos to your initial fiancé visa petition.

Remember original documents are not required for immigrant visa applicants. Make sure to bring multiple photocopied versions of your documents.

You may bring the original documents, but do not submit them.

Required Documents for The Couple

If there are individual requirements for the citizen sponsor and the alien fiancé, there are requirements needed from both:

#1 Evidence of Terminated Previous Marriages

For a couple to be legally free to marry, previous marriages must be legally terminated. You can submit any of the following to prove termination:

  • Copy of a divorce certificate,
  • Copy of annulment order, or;
  • Copy of death certificates in the case of a deceased spouse

#2 Evidence of Relationship

Photos, receipts, letters, and any other records of communication proving that the citizen sponsor and the alien fiancé are in a relationship.

#3 Form I-34 for the Income Requirements

There are income requirements to financially support a foreign partner.

First, you must exceed 100 percent of the Federal Poverty Guidelines. The U.S citizen must be able to prove that they have the ability for the visa applicant’s financial support.

Salaries, interest income, and benefits all count as earnings for a U.S citizen. There are distinctions, however, whether they can be counted as stable earnings or not.

#4 Required Fees

$535 I-129F filing fee is needed. There may also be an embassy fee that both of you must pay. You have to pay $325 to the U.S. State Department, and once married, it’s $1,225 for I-485 Form.

Once you fill out blank immigration forms, you can apply for future adjustment of status. It may be around $2500.

We advise getting guidance about immigration services with an immigration attorney, especially here at Herman Legal Group. We can assure that our counsel would be worth it.

Legal Requirements for a K-1 Visa

There are three fundamental legal requirements that are crucial to have the eligibility to apply for a fiancé visa:

1. Intention of Marriage

It’s best if you and your spouse have made concrete and detailed wedding plans, including how the wedding is going to look and where it is going to happen.

Planning the wedding is used as proof of their bona fide intentions and a need to apply for the fiancé visa.

It can be hard to make plans when the intended spouses do not know when the fiancé visa is going to be approved, so it is better to arrange flexible wedding plans with different services.

In contrast to the CR1 spousal visa, a fiancé visa does not allow the petitioner to be a green card holder, but only a U.S. citizen.

U.S. citizenship can come from the fact that a spouse citizen was born in the United States or its territories, acquired it in a process called naturalization, or has acquired or derived it based on a family member.

2. Meeting in Person

Before petitioning for the fiancé visa, the couple should make sure to meet at least one time within two previous years.

During these visits, prepare for the K-1 fiancé visa and visa application by doing the following:

  • Take photos with your fiancé. Include their family, friends, and other loved ones. Make sure the photos come with date and time stamps.
  • Keep receipts of dates and vacation stays. This will show that you and your U.S citizen fiancé have spent time together.
  • Keep communication records. Letters, text messages, and phone calls will come in handy by the time you’re at your K-Visa interview.
  • Ask for written statements. K-Visa applicants will need all the evidence they can get. If you can get statements from the family and friends of the fiancé about your relationship, you have more of a chance to get approved.

There are some obstacles lately. Tradition and customs can get in the way, or medical conditions that make travel an extreme hardship.

Also, due to the COVID-19 pandemic, a lot of state borders are closed, and therefore, it is not safe or possible to travel from one state to another.

Provide documents that prove these difficulties. Have a medical exam if medical issues are stopping you from meeting your foreign citizen fiancé.

3. Legal Ability to Get Married

This requirement is put before the intended spouses who have already been married, do not meet the age criteria, or are blood relatives.

The spouse citizen or the foreign spouse who was already married once has to provide evidence that the previous marriage has legally ended by submitting any of the following:

  • Copy of a divorce certificate
  • Copy of annulment order
  • Copy of a death certificate in the case of a deceased spouse

According to U.S. law, if the marriage ended outside of the United States, it is possible to recognize the proving document if:

1.) That document is recognized in a foreign country, and;

2.) If the foreign spouse or his ex-partner had residence the divorce happened.

Age requirements, meanwhile, vary from the state to any government agency. However, most states require that you have to be 18 years of age before you can legally marry.

Rules about getting married to a blood relative are not the same in different states within the United States, and some of them are stricter than the others.

In the process of petitioning for a fiancé visa and bringing the foreign spouse to the United States, both partners can be subjected to different background checks.

Only when all the requirements get fulfilled will the U.S. citizen successfully apply the Form I-129F with USCIS.

Frequently Asked Questions: The K-1 Visa

Is the K-1 Visa Permanent?

The K1 visa is just temporary. By all means, it is not obligatory to stay within the United States permanently after getting married, so if there is no intention to stay, the foreign fiancé can enter the United States based on a tourist visa instead.

How Does The K-1 Visa Differ From the Marriage Visa and Green Card?

The K-1 visa is temporary and is a nonimmigrant visa.

The marriage or spousal visa, however, is for those who want to be lawful permanent residents alongside their U.S citizen spouses.

However, the CR-1 visa stands for “conditional resident” as they are for couples married for less than two years.

One married for more than two years, you can apply for another visa and start on the consular processing to become a green card holder.

With a K-1 nonimmigrant visa, the visa applicant can enter the United States with the citizen fiancé and remain there for 90 days.

After marriage, you can then apply to become a permanent resident.

Are There Income Requirements for the K-1 Visa?

Yes, there are income requirements for the visa application.

You need the recent year’s tax return to prove you can financially support your partner. If you can’t meet the income requirements, some countries allow joint sponsorship to meet minimum earnings.

Your fiancé (e) can work after they arrive in the U.S, but you have to get them an Employment Authorization Document first.

How To Apply for a K-1 Visa

#1 File the Form (I-129F)

File the form with the U.S. Citizenship and Immigration Services. Follow the written instructions.

Include the required documents we listed above, as well as the evidence of the relationship.

For K-visas, you have to pay a filing fee. Just be ready to pay the fees. You will also need the Form I-94 from the Department of Homeland Security for departure-arrival.

#2 Notice of Action for the K-1 Fiancé Visa

After you file everything needed to the consular officers, the notice of action will come.

Wait for a few months – around three to four – and you’ll get an approval notice that can allow both the U.S citizen sponsor and foreign partner to move forward.

#3 Background and Security Check

The National Visa Center will receive your application to become a U.S citizen fiancé. Then, a background check will be done on your fiancé (e).

After some screening, a security check for the K-1 fiancé visa will be done within two weeks.

#4 Interview and Visa Approval

Then, an invitation to an interview and medical exam will be done. Your fiancé(e) will need to attend the interview with the needed documents we have listed above.

After you’ve finished the medical exam and interview, you can wait for the approval. A K-1 visa stamp will be given. Then, you have the opportunity to get married within ninety days.

Once the visa expires, the U.S citizen fiancé can apply to become for legal, lawful permanent resident status.

You’ll have to adjust your status and then apply to the Citizenship and Immigration Services for a green card.

There are other ways you and your fiancé (e) can get into the U.S, such as a tourist visa. However, once the tourist visa expires, you’ll have to apply for a marriage visa still.

How The Herman Legal Group Can Help

Do you want to register permanent residence as the foreign fiance? Maybe you’re the U.S citizen spouse that acts as the citizen sponsor.

You may be worried about your prior marriages, or the possibility of visa fraud.

You might want to know about immigration benefits, how to go about meeting with a consular officer, or what the visa waiver program is.

As a law firm, let us bring you peace of mind and the right guidance to getting your application, visa interview, and visa approval.

Be a legal permanent resident with us! We’re available for clients nationwide and around the world.

Book a consultation with us today. Contact us here and start on your journey to United States citizenship – either for you or your partner.

In Conclusion

We hope we made the visa application process easier for you! Get started on your online nonimmigrant visa application today.