What Is the K 1 Visa?

By Richard T. Herman, Esq.

K-1 Visa Guide: Process, Timeline, Costs, Income Requirements 2024

The K-1 visa is a nonimmigrant visa for the foreign citizen fiancé(e) of a U.S. citizen to enter the U.S. to marry their U.S. citizen sponsor within 90 days, following a detailed visa processing procedure.

Both must be single, have met in person at least once in the past 2 years and prove their intention to marry within 90 days of the foreign citizen fiancé’s arrival.

Right now, the process takes 6-12 months.

After marriage the foreign spouse can apply to adjust status to become a lawful permanent resident (Green Card). Unmarried and under-age-21 children of K-1 applicants can get K-2 visas and apply for lawful permanent residency with their parent.

This guide will go into all the K-1 visa details to help you understand the requirements, the traps and how to minimize time apart from your loved one.

K-1 Visa Quick Facts

Current processing time is 12 months, door to door. We have had some cases processed in 6 months, door to door recently.
In 2024 the cost to apply for a K-1 visa is $675 with USCIS. If approved then the case goes to the Embassy and there is a $265 filing fee plus medical exam costs.
Cost for green card after marriage is $1440 (temporary work authorization and advance parole are optional, $260 and $630 respectively)
To sponsor a K-1 visa at the U.S. Embassy you must show that your income is 100% of the Federal Poverty Guidelines. For a household of two people this is $20,440.
Most cases get approved. In FY2023 86% of K-1 visa applications were approved (up from 77% in 2020).

K-1 Visa Processing Time

How Long Does it Take?

While the overall processing time is 12 months, we have had some cases processed in less than 6 months. The online nonimmigrant visa application processing involves multiple stages, including filing the I-129F with USCIS and completing the DS-160 with the embassy.

There are two stages: filing the I-129F with USCIS and completing the DS-160, which is the online nonimmigrant visa application, with the embassy.

The published processing time for Form I-129F at US Citizenship and Immigration Service (USCIS) is 8-12 months. We have had many cases approved in 3 months.

After Form I-129F is approved USCIS will send the case to the National Visa Center (NVC) which is a clearing house for all US embassies. This can take 6-10 weeks. The interview is usually 1-2 months later.

Processing times vary from case to case. Delays can occur if required documents are missing or incomplete. Additional administrative processing can also occur before and after the visa interview.

2-Year Meeting Rule

Couples must show proof of having met in person at least once in the 2 years prior to filing the Form I-129F. Exceptions can be made for extreme hardship or conflicting religious or cultural traditions but these are rare.

The sooner you can meet the sooner you can file the I-129F.

Can She/He Come to Visit Me in the U.S.?

This is a common question. For those who have visa-free access to the U.S. under the ESTA/Visa Waiver program or for those who already have a tourist visa, a type of nonimmigrant visa, the answer is yes, but visa applicants must always be honest and truthful on their DS-160 application form.

Be advised the fiancee is not permitted to enter on a tourist status with the intention to marry and stay in the U.S. on that trip.

If the fiancé needs to apply for a tourist visa, they must always be honest and truthful on their DS-160 application form. For citizens of some countries like the Philippines or Russia it is almost impossible to get a tourist visa unless the individual has substantial economic and family ties to their home country to show they will return home.

In those cases the sooner the American can travel to see the fiancé either in the fiance’s home country or in a third country that both can easily access the better.

Once the meeting takes place the US citizen can file the I-129F along with proof of the physical meeting such as airplane tickets, passport stamps, hotel bills/reservations and annotated photographs.

K-1 or CR-1 Spousal Visa:

If already married, the foreign spouse would apply for an immigrant visa (CR-1 or IR-1).

However, if you are not married and your fiancée is outside the US, then the K-1 is generally the way to go if you want to reunite in the U.S. as soon as possible. The K-1 process is much faster than the CR-1 which can take 2 or more years in the standard case.

While the K-1 is much faster, 6 to 12 months, the downside is that the fiancée will enter the U.S. without a green card, without work authorization and without freedom to travel outside the U.S. for some time. In essence, he will be a “prisoner” in the U.S., at least until the green card is approved (which might take a year) or until advance parole is issued (which might be more than a year).

The other downside of the K-1 is that there will be a delay in getting work authorization. It is now taking about 1- 2 months for USCIS to adjudicate the I-765 application.

Legal and Practical Risks of Using Travel Visas as a “Backdoor” to a K-1 Visa

Warning: Do not enter the U.S. on a tourist or student visa with the intention to marry a U.S. citizen and adjust status!

It’s well known the K-1 visa is a legitimate path to U.S. residency for foreign fiancé(e)s but some couples try to circumvent the long K-1 process by marrying after entering the U.S. on a B-2 tourist visa. This approach carries significant legal risks including potential visa fraud charges.

Immigrant intent: Tourist visas are issued for short term visits with no immigrant intent. If the foreign fiancé(e) marries the U.S. citizen soon after entering the U.S. on a tourist visa it may raise suspicions they entered with the intent to immigrate violating the terms of the tourist visa.
Consequences: If a US Customs and Border Officer or US Citizenship & Immigration Services Officer believes there was intent to marry and stay permanently at the time of entry the foreign national could be permanently barred from living in the U.S.
Intent to marry vs. adjusting status: Some couples are not aware that marrying on a tourist visa does not guarantee the foreign fiancé(e) can adjust status in the U.S. without legal consequences.

USCIS may consider this a misrepresentation and a violation of the non-immigrant visa based on pre-conceived intent. While it may be tempting to do this, especially for those foreign nationals who can enter the U.S. without a visa, the consequences of violating U.S. immigration law can be severe.

In such cases, if the foreign national’s plan is detected at the border, he may be denied and deported, which faces minimally a 5 year bar (or permanent bar if there is fraud finding). Alternatively USCIS may deny the adjustment of status with a claim of immigration fraud. In such cases, an I-601 waiver may be approved if USCIS exercises its discretion upon a finding of extreme hardship to the US citizen.

For more information, see more

This shows the importance of knowing the correct visa path (K-1 or CR-1) for international marriages and not taking shortcuts that can result in immigration penalties.

Best way is to go legal and safe.

The Hidden Psychological Impact of the K-1 Visa Process on Relationships

The K-1 visa process is more than just a legal process; it can affect the emotional and psychological well-being of both the U.S. petitioner and the foreign fiancé(e). Couples often underestimate the impact of extended separation, visa uncertainty and cultural differences on their relationship.

While preparing the application it’s important to acknowledge the emotional challenges that may arise:

Long processing times can cause anxiety and stress on the relationship.
In-person meeting requirement: The requirement to meet in person at least once before applying can put financial and logistical stress on the couple especially if they live in countries with strict travel restrictions.
Cultural differences and lifestyle adjustments: Couples may face unexpected challenges during the 90 day period after the fiancé(e) enters the U.S. as adjusting to new cultural norms, lifestyle changes and family dynamics can cause friction especially if they are rushed into marriage due to the visa’s timeline.

Many couples benefit from getting support through counseling or open communication during this process something not often mentioned in mainstream K-1 visa resources.

Income Requirements for Sponsorship

To sponsor a K-1 visa your income must meet or exceed 100% of the Federal Poverty Guidelines. For a household of two this is $20,440 in 2024. If your income does not meet the requirement a joint sponsor can help meet this threshold.

After the marriage and the K-1 visa holder files for adjustment of status the US citizen will need to concurrently file the I-864 affidavit of support which has a higher financial threshold than I-134.

For the I-864 the sponsor must make at least 125% of the Federal Poverty Guidelines. For a household of two this would be $25,550. For each additional family member add about $7,000 to the minimum threshold.

Fraud Considerations

Since the K-1 visa leads to permanent residency and employment eligibility it’s a high risk category for visa fraud. To address this Congress passed the Immigration Marriage Fraud Amendments of 1986 and placed a 2 year conditional period on foreign spouses’ permanent residency. If the marriage dissolves during this period the foreign spouse’s residency can be revoked.

The U.S. Citizenship and Immigration Services (USCIS) and consular officers are trained to detect fraudulent relationships. They look for common indicators of a genuine marriage such as shared language, vacations and finances and evidence of the couple’s intent to build a life together.

Entering into a sham marriage for immigration benefits can result in severe penalties including imprisonment for up to 5 years and fines up to $250,000.

K-1 Visa Costs

The total cost for a K-1 fiancé visa is $940 + cost of medical exam. This includes:

$675 for Form I-129F
$265 for the K-1/K2 visa application fee paid online prior to visa interview
$300-$500 for medical exam prior to visa interview.

These fees do not include additional costs such as document translation, photocopying and obtaining required documents like birth certificates.

The cost to file the adjustment of status application (I-485) to get a green card after marriage is $1440 (applications for temporary work authorization and advance parole are optional $260 and $630 respectively). For K-2 children under 14 and submitting the I-485 with K-1 parent the filing fee is $950

What Can a K-1 Visa Holder Do During Their Stay?

Live and Marry in the U.S.: The primary purpose of the K-1 visa is to get the foreign fiancé(e) into the U.S. to marry their U.S. citizen sponsor.
Adjustment of Status: Once married within 90 days of entry, the K-1 visa holder can file for permanent resident status (green card) without leaving the U.S.
Work Authorization: The K-1 visa holder can file for work authorization immediately upon entry by submitting Form I-765 and can work legally after the visa is approved (typically filed after marriage and with I-485).
Children: Unmarried children under 21 can apply for K-2 visas to accompany their parent. They can file for permanent residency after the marriage.
No I-130 Petition: K-1 visa holders bypass the I-130 petition required for marriage based green cards and can file for adjustment of status (unless for some reason the couple did not get married within the first 90 days of arrival).

K-1 Visa Restrictions

There are a few restrictions on K-1 visa holders:

Single Entry Visa: The K-1 visa is a single entry visa. If the foreign citizen leaves the U.S. before marrying, they will need a new visa to re-enter.
Status is limited to 90 day entry: The K-1 status is valid for only 90 days upon entry. You and your fiancé(e) must get married within this time. If you don’t get married within 90 days your fiancé(e) must leave the U.S. as the visa cannot be extended or renewed.
No Automatic Work Without Authorization: K-1 visa holders cannot work in the U.S. until they have applied for and received an EAD or green card.
Foreign national Can not leave the U.S.: While the I-485 is pending the foreign spouse should not leave the U.S. without either the I-131 advance parole application already approved, or green card already approved. If the foreign spouse leaves the U.S. while the adjustment of status is pending without advance parole, they will have abandoned their I-485 and it could be many months, and even years, to be able to get them back to the US
Must Marry U.S. Petitioner: The foreign fiancé(e) cannot marry anyone other than the U.S. citizen who filed the K-1 petition. If the couple doesn’t get married to the K-1 petitioner within 90 days the foreign fiancé(e) must leave the U.S. (Consult with an attorney if the marriage to the K-1 sponsor occurs after 90 days of arrival, because the US citizen can file the I-130 spousal petition and the foreign national can apply for a green card on that basis)

Same-Sex Partners

Same-sex partners are eligible for K-1 visa regardless of the laws in the foreign fiancé’s home country.

The Underreported Complexity of K-2 Visa for Children

Many people are familiar with the K-1 process but fewer resources talk about the complexity of K-2 visas for the foreign fiancé(e)’s minor children.If your fiancé(e) has minor children under 21, they may be eligible for K-2 visa. The names of your fiancé(e)’s children must be listed in the Form I-129F petition. Children must be unmarried to be eligible for K-2 visa and subsequent Green Card. They can travel with your fiancé(e) or later but not before.

After you marry, K-2 children can file for Green Card by filing Form I-485. Make sure they file at the same time or after your fiancé(e).

The K-2 visa allows the children to enter the U.S. with their parent but the process is more complicated:

Aging out risks: Children must be under 21 years of age and unmarried at the time of visa approval and entry to the U.S. However due to processing delays there’s a risk of children “aging out” during the process. This can render the child ineligible for K-2 visa. Petitioners need to file all documents promptly to avoid this.
Adjustment of status after marriage: Once the parent marries their U.S. fiancé(e), K-2 children must adjust their status separately. Sometimes this can be complicated if the child, especially if the petitioner’s financial situation changes.
Custody and consent issues: In cases of divorced or separated parents, legal consent from the other biological parent may be required for the child to immigrate depending on the laws of the child’s home country. This can be a big problem if the other parent is uncooperative.

These are the reasons why you need to plan carefully when including children in a K-1 visa application.

Permission to Work in the U.S.

After being admitted to the U.S. on a K-1 visa, your fiancé(e) can file for work authorization by filing Form I-765, Application for Employment Authorization. This initial work authorization is valid for the first 90 days after entry.

Because it may take a couple of months to get the work authorization and it would be valid only up to the first 90 days after arrival in the U.S. anyway, most skip filing the I-765 alone. Instead, most people marry quickly within the 90 day period and file the I-485 and I-765 together.

This work authorization is generally approved in 1-2 months and may be valid up to 5 years.

What If You Don’t Marry Within 90 Days?

If you don’t marry within the 90 day period, your fiancé(e) and any K-2 children will have to leave the U.S. as their K-1 and K-2 status will automatically expire. Overstaying can lead to removal proceedings and can affect future U.S. immigration applications.

But if you marry after the 90 day period, you can still file Form I-130, Petition for Alien Relative but your fiancé(e) will not be eligible to apply for Green Card through K-1 visa process.

And in that case (marrying after 90 days), if the children are 18 years old or older at the time of the marriage, they will no longer be eligible children for green cards.

Who is Eligible & What Document Needed for K-1 Visa?

To qualify for K-1 fiancé(e) visa, several requirements must be met by both the U.S. citizen sponsor and the foreign fiancé(e):

U.S. Citizenship: Only US Citizens (not green card holders) can petition for K-1 fiancee visa. Petitioner must submit a copy of any of the following:
- U.S. birth certificate.
- Valid U.S. passport.
- Certificate of Naturalization or Citizenship.
- Consular Report of Birth Abroad (Form FS-240).

Once the petition is approved, it is forwarded to the National Visa Center (NVC) for further processing.

Marriage Intent: Both Petitioner and fiancé(e) must demonstrate a bona fide intention to marry each other within 90 days of their arrival in the U.S. (by each submitting a signed and dated statement to that effect).
Legally Eligible for Marriage: Both parties must be legally eligible to marry, meaning they must be of legal age, not already married, and free of legal impediments to marriage in the U.S. (all prior marriages terminated by divorce, annulment or death as evidenced by court or legal documents). It is best to obtain CERTIFIED copies for the embassy stage of process.
Evidence of In-Person Meeting Requirement: You and your fiancé(e) must have met in person at least once in the two years before filing the petition. Such evidence would include:
- Photographs of the couple together.
- Airline tickets, boarding passes or hotel receipts showing shared trips.
- Passport stamps indicating travel dates and locations.
- Correspondence such as emails, messages or phone records

While USCIS states that waivers of the in-person meeting requirement are available for those who demonstrate that such a meeting would violate cultural or social practices of your fiancé(e)’s home country, or cause extreme hardship for the U.S. citizen petitioner, the reality is that USCIS rarely grants such exceptions.

Proof of Relationship: Photos, correspondence, travel documents, or affidavits from friends and family, text message, evidence of gifts exchanged.
Income/Asset Requirements: The U.S. citizen must prove that their income or assets meet or exceed the poverty guidelines usually by filing Form I-134, Affidavit of Support at the embassy stage of the process, along with tax return, W-2 and recent pay stub, so the foreign fiancé(e) will not become a public charge. The U.S. citizen partner must meet the income requirement, proving they earn at least 100% of the federal poverty guidelines.

However, many petitioners may not meet this financial threshold, especially if they are recent graduates, self-employed or have other financial constraints.

Using assets: If a petitioner does not meet the income requirement, they can use assets to cover the shortfall. The total value of the petitioner’s assets must equal three times the difference between their income and the poverty guideline for their household size.

Joint sponsorship: Although rare for K-1 visas, some applicants might consider joint sponsorship where a close relative or friend can co-sponsor by filing an additional Affidavit of Support (Form I-134) if they meet the income or asset requirements.

Combining incomes: If the foreign fiancé(e) has legal income abroad (e.g., through remote work or foreign investments) which will continue when relocated to the U.S., some embassies may accept this in their financial assessment, though this is not common.

No Disqualifying Criminal or Immigration History:
- The foreign fiancé(e) must not have a criminal record or prior US immigration history that would make them inadmissible to the U.S. If any of these applies, the fiancée may be eligible for a waiver such as I-601.
- The US citizen must not have any convictions under Adam Walsh Act.
Petitioner Must Provide Certified Records of Criminal Cases:
- If Petitioner was ever arrested, charged, convicted, fined or imprisoned for any offense, in any country, with the exception of minor traffic offenses that did not involve drugs, alcohol or fines exceeding $500, the petitioner must provide.
Details of the offense:
- including circumstances, places, dates and outcomes.
Certified court documents:
- such as arrest records or court dispositions. If records are unavailable, you must submit a certified statement from the court confirming that no record exists.
Multiple Filing Bar:
- Petitioner will need to file a waiver if previously filed two or more petitions, or had a petition approved in the last two years.
Eligible Children:
- Unmarried children under the age of 21 can be included under a K-2 visa to accompany the parent. Must be under age 21 at the time of crossing the border with the K-2 visa.

K-1 Visa Application Process: Step-by-Step

Step 1: File Form I-129F (Petition for Alien Fiancé(e))

File the Petition: As the U.S. citizen sponsor, you will need to file Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This form officially recognizes your relationship and starts the K-1 visa process. Before applying, make sure both you and your fiancé(e) meet the eligibility criteria.

Important Note: Before submitting your I-129F package, make sure you’re using the most current edition of the form. Each form page should have the same edition date at the bottom, and outdated editions may result in a rejected application.

You can find the edition date in the “Edition Date” section on each form’s webpage.
The most recent edition is also printed at the bottom of the form itself.

The latest form edition is 04/01/24 and is at the bottom of each page. Make sure all pages in your form packet are from the same edition or USCIS will reject your application.

Where to File

Send your completed Form I-129F to the USCIS Dallas Lockbox:

For U.S. Postal Service (USPS) submissions:

USCIS
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151

For FedEx, UPS, or DHL deliveries:

USCIS
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

Filing Fee: $675

Accepted Payment Methods: Money order, personal check, cashier’s check or credit/debit card using Form G-1450.
Important: Make checks payable to the U.S. Department of Homeland Security. Filing fees are final and non-refundable, regardless of your case outcome.

Checklist of Initial Evidence

This checklist is a helpful tool to make sure you submit all required documents, but it doesn’t replace official instructions. Only send copies unless otherwise specified. Here’s what you need:

For Fiancé(e) (K-1) Visa:

Proof of U.S. Citizenship:
One of the following:
- U.S. birth certificate
- Naturalization or citizenship certificate
- Form FS-240 (Consular Report of Birth Abroad)
- U.S. passport (copy)
Proof of Previous Marriage Termination (if applicable):
- Divorce decree
- Annulment order
- Death certificate of prior spouse
Passport-Style Photographs:
- One color passport-style photo of both you and your fiancé(e), taken within 30 days of filing.
Proof of In-Person Meeting:
Evidence that you and your fiancé(e) met in person within two years before filing, or documentation supporting a waiver request due to cultural practices or hardship.
Provide Proof of Relationship: Gather evidence showing that the relationship is bona fide. This includes photos, communication records and travel itineraries.
Birth Certificate and Passport of foreign fiancée and her/his unmarried children under 21
Intention to Marry Statement: Written and dated Statement by both the petitioner and beneficiary of intention to marry within 90 days of K-1 arrival.
Review and Approval: USCIS will review your petition. If additional documentation is needed, they will request it. Once approved, the petition is forwarded to the National Visa Center (NVC), which can take several weeks or more to land at the Embassy.

Step 2: Visa Application (Embassy)

NVC Forwarding: After the petition is approved, the NVC will send it to theU.S. Embassy or Consulate where your fiancé(e) resides.
Scheduling the Interview: Once the NVC sends the case to the embassy, the applicant will receive instructions on how to file the DS-160 application and schedule the K-1 visa interview. The foreign fiancé(e) will attend a visa interview at a U.S. embassy or consulate in their home country, where they will answer questions about their relationship and submit the necessary documents.
Preparing for Visa Interview:
- Documents Make sure you gather all the required documents as per the specific instructions of the U.S. Embassy or Consulate where you will be interviewed. Each Embassy will require:
  - Completed DS-160 (Nonimmigrant Visa Application)
  - Valid passport (at least 6 months beyond intended stay in the U.S.)
  - Birth. death certificate (certified copy or original)
  - Divorce or death certificates from any previous marriages (for both the applicant and the U.S. citizen sponsor)(certified copies or originals)
  - Two 2×2 passport-style photographs
  - Evidence of your relationship (photos, communications, etc.)
  - Visa application fee payment
Medical Examination:
You will need to have a medical examination by an approved panel physician before your interview. The medical results will be part of your visa application.
Police Certificates:
Police certificates from your current country of residence, as well as any other country where you’ve lived for six months or more since age 16, may be required. These documents will confirm you have no serious criminal history.
Military Records: If applicable
Proof of Relationship:
Gather evidence that proves your bona fide relationship with your U.S. citizen fiancé(e) or spouse. This may include photos, travel receipts, communication logs or affidavits from family and friends.
Financial Support:
Your U.S. sponsor must submit proof of financial support to show you will not become a public charge in the U.S. This usually involves Form I-134, Affidavit of Support, along with supporting financial documents like tax returns or pay stubs and W-2.

Make sure to bring original documents, certified photocopies and certified translations if the documents are not in English.

Each Embassy Is Different:

When applying for a K-1 fiancé(e) visa, it’s important to know the specific requirements of the U.S. Embassy or Consulate where your interview will be. Each U.S. Embassy and Consulate has different guidelines for the documents and preparation for the visa interview. To make the process easier, many U.S. Embassies and Consulates have detailed information for K-visa applicants.

Here is the list of U.S. Embassies and Consulates where K-1 visas are processed. Click on the city nearest you for more information on documents and interview.

Social Media and K-1 Visa Approval

In today’s digital world, social media can be a key factor in proving the legitimacy of your relationship during the K-1 visa process. Consular officers may review the online presence of both the petitioner and the fiancé(e) during the visa interview to verify the relationship. Here’s how social media may affect your K-1 visa case:

Inconsistencies: If your online profiles show conflicting information about your relationship (e.g. saying you’re single on Facebook or no photos together), this could be a problem.
Strengthening your case: Sharing real, natural moments of your relationship on social media (e.g. travel photos, messages to each other, interactions with family) can help your case. But oversharing or “staged” posts may look insincere.
Digital trail: Messaging apps, emails and social media interactions over several months or years can be used as evidence of ongoing communication and show the depth of the relationship.

Being aware of how you present your relationship online and keeping your public profiles consistent with your visa documents can help your K-1 visa case.

Interview Outcome: If approved, the visa is valid for up to 6 months for a single entry to the U.S. If not approved, the petition will be sent back to USCIS.

Step 3: Inspection at a Port of Entry (CBP)

Arrival in the U.S.: Your fiancé(e) will travel to the U.S. and enter at a port of entry. Even with a valid visa, entry into the U.S. is not guaranteed. A CBP officer will make the final decision.

Step 4: Get Married as Soon as Possible

90-Day Marriage Deadline: Once your fiancé(e) is in the U.S., you must get married within 90 days. If you don’t get married within this time frame, your fiancé(e) must leave the U.S. Failure to do so may result in deportation and impact future immigration applications.
No Extensions: K-1 visas are non-renewable and cannot be extended. Getting married within the 90-day window is key to maintaining your status in the U.S.
File for Green Card: After you get married, your fiancé(e) can file for a Green Card (permanent residency) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This allows your fiancé(e) to live and work in the U.S. permanently.

The sooner you get married and file the green card (I-485 packet)— the sooner your fiancée can get a temporary work permit (Employment Authorization Document) and permission to travel outside the U.S. (Advance Parole).

Work permits are being issued quickly— 1-2 months after filing. Advance Parole is taking much longer: sometimes over 12 months

Step 5: File the I-485 Adjustment of Status Packet as Soon as Possible.

Delaying marriage and filing the I-485 adjustment of status packet will delay the work permit, the travel document and the green card.

Some people even start working on the I-485 packet BEFORE the fiancée arrives in the U.S. Just to get a head start.

Once married, you are ready to file!

In the same packet as the I-485, the spouse will include:

I-864 Affidavit, with tax returns, and W-2 and evidence of current employment by US Citizen spouse

Marriage Certificate

US Citizenship: Include proof of U.S. citizenship for the sponsor (passport copy, naturalization certificate, or birth certificate)
Proof of Relationship: Gather new and old evidence of the bona fide relationship. This includes photos, communication records and travel itineraries.
Divorces: Documents to show all prior marriages of US citizen and the fiancée, if any, have been terminated by divorce or death.
Foreign fiancée’s Birth Certificate and Passport and her/his unmarried children under 21
Beneficiary’s Passport pictures (2 for I-485, 2 for I-765 (if) and 2 for I-131
Interview: In most cases, both you and your spouse will be required to attend an interview as part of the adjustment process. Sometimes USCIS will waive the interview (if there is strong evidence in the file of a bona fide marriage)
Conditional Green Card: If you were married less than 2 years at the time of approval, your spouse will get a conditional Green Card, valid for 2 years. To remove the conditions, they must file Form I-751 within 90 days of the Green Card’s expiration.

Step 6: I751: Removal of 2 Year Condition on Green Card

The conditional green card is issued for 2 years. This means the green card will expire EXACTLY 2 years from the date of approval. Within the 90 day period immediately preceding its expiration date (not before the 90 day window and not after), the couple must jointly file I-751 Petition to Remove the Conditions on Permanent Residency.

USCIS will issue a receipt indicating the green card has been extended (up to 48 months) while the I-751 is pending.

Make sure to include plenty of evidence of a shared life (cohabitation, joint financial, public and family socializing) with the I-751.

In some cases USCIS will approve the I-751 without an interview.

Step 7: Expedited Citizenship

Not required, but green card holders can later file for citizenship. For those married to US citizens, they can file for citizenship 3 years (actually 90 days before the 3 year anniversary) after getting the green card (not the typical 5 years). To get expedited citizenship, applicants must show they are still in a viable relationship with the US citizen (cohabitation, joint financial, public showing of relationship).

In most cases filing for citizenship will expedite the I-751 because the N-400 application for citizenship is usually quick and can’t be approved until the I-751 is approved. In most cities USCIS will combine the I-751 and N-400 interview and adjudicate both at the same time.

Here is a good infographic provided by USCIS on the steps involved, from K-1 to Conditional Green Card to Permanent Green Card.

Sample Letters of Intent to Marry within 90 Days

As part of the I-129F petition, you and your fiancee will each need to submit a written statement as to your intention to marry within 90 days of the K-1 visa holder’s arrival in the U.S.

Below are sample Letters of Intent to Marry:

For U.S. Citizen

[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]

[Date]

U.S. Citizenship and Immigration Services (USCIS)
[Address of the USCIS Office]

Subject: Statement of Intent to Marry within 90 Days of Arrival on K-1 Visa

To Whom It May Concern:

I, [Your Full Name], a U.S. citizen, am writing this letter to confirm my intent to marry my fiancé(e), [Beneficiary’s Full Name], a citizen of [Country], within 90 days of their arrival in the United States on a K-1 fiancé(e) visa.

[Beneficiary’s Full Name] and I have been in a committed and loving relationship and we are looking forward to being married as a couple. We have discussed our plans and are ready to get married soon after [his/her/their] arrival in the U.S. as required by the K-1 visa.

Thank you for your time and consideration.

[Your Full Name]
[Your Signature]

For Foreign Fiancee

[Beneficiary’s Full Name]
[Beneficiary’s Address]
[City, Country, ZIP Code]
[Phone Number]
[Email Address]

[Date]

Subject: Statement of Intent to Marry within 90 Days of Arrival on K-1 Visa

To Whom It May Concern:

I, [Beneficiary’s Full Name], hereby confirm my intent to marry [Your Full Name], a U.S. citizen, within 90 days of my arrival in the United States on a K-1 fiancé(e) visa. We are getting married.

We both agree and are willing to meet the legal requirements of the K-1 visa including getting married within 90 days.

Thank you for your time. Contact me if you need anything else.

[Beneficiary’s Full Name]
[Beneficiary’s Signature]

Both letters should be signed and dated and submitted as supporting evidence for your I-129F petition. This will show USCIS that the couple has a genuine relationship and understands the K-1 visa requirements.

Avoid Common Errors: Tips to Increase Your K1 Visa Approval

No matter where you are from, you need to submit a complete and well-documented application. Here are some tips to help you:

Get Strong Evidence: Include photos, travel records and correspondence between you and your partner.
Incomplete Application: Failure to provide required documents or proof of a genuine relationship can delay or deny the visa.
Show Intent to Marry: Provide evidence you and your fiancé(e) will get married in the U.S. within 90 days of arrival.
Meet Income Requirements: Make sure the U.S. sponsor meets the K1 visa income requirements.
Fill out All Fields:
Make sure you fill out every section of the form. If you leave any field blank, USCIS will reject your application. Required fields include:
- Part 1: Your Information (Family Name, Mailing Address, Date of Birth)
- Part 2: Beneficiary Information (Family Name, Date of Birth)
Sign the Form:
USCIS will reject the form if it’s not signed.
Use Form G-1145 for E-Notification:
If you want to receive an email or text notification when USCIS accepts your form, attach Form G-1145 to the top of your application.
Do not Send Prohibited Items:
Do not include electronic devices, DNA samples or intimate photos.
Translations Required: If any document you submit is in a foreign language, include a full English translation with a certification from the translator verifying its accuracy.
Do not Send Original Documents:
Unless USCIS requests it, always send copies of your documents.
Prepare and Prepare Again for the Interview: Be well-prepared for the K1 visa interview and answer honestly and in detail about your relationship. Most cases are denied by the Embassy, not USCIS. Your fiancée should study the I-129K packet before the interview and bring NEW and UPDATED evidence of the marital relationship.

Your fiancée should make sure she hears and understands the officer’s questions. If she is not sure, she should ask the officer to repeat the question. If your fiancée hears and understands the question but doesn’t know the answer: she should not guess or make something up.

Always tell the truth.

K1 Visa Interview Questions

The consular officer may ask your fiancé(e) questions about their background, relationship with the U.S. citizen petitioner and future plans. Here are some common questions:

How did you meet your fiancé(e)?
Have you met in person?
What are your wedding plans?
Will you live in the U.S. permanently after marriage?
Have you been to the U.S. before?

Be prepared and answer clearly.

Related Links and Resources

Fiancé(e) Visas (DOS link)
Form I-129F, Petition for Alien Fiancé(e) (USCIS link)

Helpful Forms and Links

Form I-765: Application for Employment Authorization
Form I-485: Application to Adjust Status
Form I-751: Petition to Remove Conditions on Residence

For more information visit:

Check Processing Times

Medical Examination and Vaccination Requirements

All K-1 visa applicants must have a medical examination performed by a panel physician authorized by the U.S. government. Vaccinations are not required for K-1 visa approval but are required when adjusting status to permanent resident. Getting the vaccinations during the embassy medical exam can expedite future processes.

Petition Validity and Extensions

Form I-129F petitions are valid for 4 months from the date of approval. If it expires before the visa process is completed, a consular officer can extend the petition.

Ineligibility for a Visa

Certain circumstances can make an applicant ineligible for a visa such as drug trafficking, overstaying a prior visa or providing fraudulent documents. If you are found ineligible you will be told if a waiver is available and what steps to take to pursue it.

Related Visa Categories

K-3 Visa: Spouses of U.S. citizens can enter the U.S. on a K-3 visa while waiting for their immigrant visa. The K-3 visa allows the spouse to adjust status to permanent resident after entering the U.S.
K-4 Visa: Children of K-3 visa holders may be eligible for a K-4 visa and can enter the U.S. with their parent.

Step-by-Step Completion Guide for I-129F

Complete All Sections of the I-129F

Type or Print Clearly in Black Ink.
If extra space is needed, use Part 8 or attach a separate sheet. Make sure to include your name, Alien Registration Number (A-Number) and relevant item numbers.

Answer All Questions Fully and Accurately

If a question on the I-129F does not apply to you, enter “N/A” for non-applicable sections.
For numeric responses such as “How many children do you have?” or “How many times have you departed the U.S.?”, enter “None” if applicable.

Attach Required Documents

You must attach proof of U.S. citizenship, termination of previous marriages (if applicable), recent passport-style photos, and evidence of intent to marry (for K-1 visa). If applicable, attach Form I-94, evidence of in-person meeting or explanation why meeting did not take place.

Section-by-Section Guide

Part 1: Information About You (The Petitioner)

This section collects information about you, the U.S. citizen filing the petition.

Item 1. Alien Registration Number (A-Number) (if any): Enter your A-Number if you have one. If not, enter “N/A.”
Item 2. USCIS Online Account Number (if any): Enter your USCIS Online Account Number if applicable.
Item 3. U.S. Social Security Number (if any): Enter your Social Security Number if you have one.
Items 4.a. – 5. Classification Requested: Check the box for fiancé(e) or spouse.
Items 6.a. – 6.c. Full Name: Enter your full legal name (first, middle, last).
Items 7.a. – 7.c. Other Names Used: Enter any other names you have used (maiden name, alias, nickname).
Items 8.a. – 8.j. Mailing Address: Enter the address where you want to receive mail regarding this petition.
Items 9.a. – 12.b. Address History: List all addresses where you have lived in the last 5 years.
Items 13 – 20.b. Employment History: List your employment for the last 5 years including employer name, job title and dates of employment.
Items 21 – 23. Personal Information: Enter your gender, date of birth and marital status.
Items 24 – 26. Place of Birth: Enter city, province/state and country of birth.
Items 27.a. – 36.b. Information About Your Parents: Enter full names, dates of birth and places of birth for both parents.
Items 37 – 39. Previous Spouses: Have you been married before? If yes, enter details of previous marriages including how and when they ended.
Items 40 – 42. Citizenship Information: How did you obtain your U.S. citizenship (by birth, naturalization or other means)? Enter details of your Certificate of Citizenship or Naturalization if applicable.
Items 43 – 47. Previous Petitions Filed: Have you filed I-129F petitions for any other fiancé(e) or spouse? If yes, enter details of those petitions.

Part 2: Information About Your Beneficiary

This section is about your fiancé(e) or spouse (the beneficiary).

Items 1.a. – 1.c. Beneficiary’s Full Name: Enter the full legal name of your fiancé(e) or spouse.
Item 2. A-Number (if any): Enter their A-Number if they have one. If not, enter “N/A.”
Item 3. U.S. Social Security Number (if any): Enter the beneficiary’s Social Security Number if they have one.
Item 4. Date of Birth: Enter their date of birth in MM/DD/YYYY format.
Item 5. Gender: Select male or female.
Item 6. Marital Status: Check their current marital status.
Items 7 – 9. Place of Birth: Enter the city, province/state and country where your beneficiary was born.
Items 10.a. – 10.c. Other Names Used: Enter any other names your fiancé(e) or spouse has used (maiden name, alias).
Items 11.a. – 11.i. Mailing Address: Enter the beneficiary’s current mailing address. This is where any correspondence from USCIS should be sent.
Items 12.a. – 15.b. Address History: List all places the beneficiary has lived in the last 5 years.
Items 16 – 23.b. Employment History: List your beneficiary’s employment for the last 5 years including employer name and address, job title and dates of employment.
Items 24.a. – 33.b. Information About Beneficiary’s Parents: Enter your beneficiary’s parents’ names, birthplaces and current cities/countries of residence.
Items 34 – 36. Previous Marriages: Has your fiancé(e) or spouse been married before? If yes, enter the name of the previous spouse(s) and the date the marriage(s) ended.
Items 37 – 38.h. Form I-94 Information: If the beneficiary has been in the U.S. before, enter their I-94 number and other arrival/departure information.
Items 39 – 44.h. Children of the Beneficiary: List any children the beneficiary has including their names, birthdates and addresses.
Items 45.a. – 46. Address in the U.S.: Enter the address where your fiancé(e) or spouse will live upon entering the U.S.
Items 47.a. – 48. Physical Address Abroad: Enter the beneficiary’s current address outside of the U.S.
Items 49.a. – 50.f. Native Alphabet Name and Address: If the beneficiary’s native language uses a different alphabet, enter their name and address in their native alphabet.
Items 51 – 52. Relationship: Are you and your beneficiary related by blood? If yes, describe the relationship.
Items 53 – 54. In-Person Meeting: Have you met your fiancé(e) in person within the 2 years before filing this petition? If yes, provide evidence such as photos, plane tickets or passport stamps. If no, provide an explanation of why you are requesting an exemption.

Part 3: Additional Information About the Petitioner

This section asks about the petitioner’s criminal history and other background information.

Items 1 – 3.c. Criminal History: Have you been subject to a protection order, or been arrested/convicted of any crimes related to domestic violence, sexual assault, child abuse, etc.? If yes, provide certified court documents.
Items 4.a. – 4.b. Other Criminal History: List any other arrests or convictions, excluding minor traffic violations. Provide certified court documents or explanations if yes.
Items 5.a. – 5.d. Multiple Filer Waiver Request: If you’ve filed I-129F petitions for two or more different beneficiaries, or if you filed a petition that was approved within the last two years, you must request a waiver.

Part 4: Biographic Information

Answer the following:

Ethnicity: Hispanic/Latino or not
Race: (White, Black, Asian)
Height: feet inches
Weight: pounds
Eye Color: (choose one)
Hair Color: (choose one)

Part 5: Petitioner’s Statement, Contact Information, Declaration, Certification, and Signature

Items 1.a. – 6.b.: Read the petition yourself or had an interpreter help you. Enter your contact information and sign. USCIS will reject unsigned forms.

Part 6: Interpreter’s Information

If you used an interpreter, they must complete this section and enter their contact information, certification and signature.

Part 7: Preparer’s Information (If Applicable)

If someone else (e.g. attorney) helped you prepare the petition, they must complete this section, enter their contact information and sign.

What if the U.S. Citizen has a Criminal Record?

When filing a Form I-129F petition to bring your fiancé(e) to the United States, petitioners must disclose any criminal history. U.S. Citizenship and Immigration Services (USCIS) requires full disclosure even if the crime was expunged or sealed. Below is a guide to the criminal disclosure requirements for petitioners and the types of waivers that can be requested.

Criminal History

Criminal Information When you fill out your I-129F petition, you must answer:

Have you ever been subject to a temporary or permanent protection order or restraining order (civil or criminal) related to specific crimes?
Have you ever been arrested, charged or convicted of any of the following crimes?

Even if your records have been sealed, expunged or otherwise cleared, you must submit certified copies of all court and police records for every arrest or conviction. USCIS will not accept the word of a judge, attorney or law enforcement officer that you no longer have a criminal record.

Specified Crimes

You must disclose any involvement in the following criminal offenses:

A. Crimes related to domestic violence or violence against others:
- Domestic violence
- Sexual assault
- Child abuse or neglect
- Dating violence
- Elder abuse
- Stalking
- Any attempts to commit the above crimes

The term “domestic violence” means any crime of violence committed by someone:

Who is or was a spouse of the victim.
Who shares a child with the victim.
Who cohabitates or has cohabitated with the victim.
Who is similarly situated to a spouse under domestic violence laws.
Against whom the victim is protected under domestic violence laws.

B. Violent Crimes:
- Homicide, murder or manslaughter
- Rape or sexual exploitation
- Incest, torture or human trafficking
- Kidnapping or abduction
- False imprisonment or unlawful restraint
- Attempts to commit any of the above

C. Multiple Convictions for Controlled Substance or Alcohol-Related Offenses If you have three or more convictions for controlled substances or alcohol (e.g. DUIs) you must submit certified documentation for each.

Disclosure of Criminal History to your Fiancé(e)

Once your petition is approved, USCIS will send the criminal information you disclosed to the U.S. Department of State (DOS) which will then send this information to your fiancé(e). The information shared will include:

Information about any protection or restraining orders and criminal convictions you disclosed.
Any criminal background information USCIS finds during the adjudication process.

Important Note: While the names and contact information of individuals who filed protection orders against you (or victims of crimes you were involved in) will be kept confidential, your fiancé(e) will be informed of your relationship to that person, e.g. former spouse, parent or intimate partner.

Additional Criminal Information

Item Numbers 4.a. – 4.b.: Other Criminal History If you have been arrested, charged, convicted, fined or imprisoned for any other offense not mentioned above, you must disclose that as well. This includes violations of any law in any country, except for minor traffic offenses that did not involve drugs, alcohol or fines over $500.

For each, you must provide:

Description of the offense, including circumstances, locations, dates and outcome.
Certified court documents, such as arrest records and court dispositions. If records are not available, you must submit a certified statement from the court that no record exists.

When filing an I-129F petition it is very important to be completely honest about your criminal history and provide all required documents, even if your records were expunged or sealed. Not disclosing or providing certified copies of court and police records can result in delays or denial of your petition. If you have multiple filings and criminal history, you may be able to request a waiver and continue with your petition if you can show good cause or extraordinary circumstances.

Liability for a U.S. Citizen signing an I-134 or I-864 Affidavit of Support for a Fiancée or Spouse

Sponsoring a foreign fiancée or spouse to enter the U.S. can be a complicated process, especially when it comes to financial sponsorship. U.S. immigration law requires U.S. citizens to show that their foreign fiancée or spouse will not become a public charge, i.e. dependent on government assistance. This is formalized through either the I-134 Affidavit of Support(used for fiancées entering on a K-1 visa) or the I-864 Affidavit of Support (used for family-based immigration, including spouses applying for a green card).

You must show you will not become a public charge in the U.S. The U.S. citizen fiancé(e) may be required to submit Form I-134 (Affidavit of Support) during the visa interview. Later, after marriage, Form I-864 will be the required documentation for the adjustment of status process which requires a higher income threshold.

Form I-134 vs. Form I-864:

While Form I-134 requires the sponsor to show 100% of the federal poverty guideline, Form I-864 requires the sponsor to show 125% of that guideline when adjusting status.

While these forms are important in the immigration process, they also put U.S. citizens (the sponsors) at significant financial risk. In this article we will discuss the differences between the I-134 and I-864 affidavits of support, the nature of the obligations involved and the financial liabilities sponsors face when signing these forms.

I-134 Affidavit of Support:

The I-134 is used when sponsoring a foreign fiancée or other family member who is seeking a temporary visa, such as the K-1 visa for fiancées.
The I-134 is more of a moral commitment rather than a legally enforceable contract, meaning while it shows to immigration authorities that the U.S. citizen has the financial means to support the fiancée, it doesn’t carry as much legal weight as the I-864.
The I-134 is used to show the visa applicant will have enough financial support during their stay in the U.S. to not become a public charge, but it generally doesn’t put the sponsor at long term financial risk.

I-864 Affidavit of Support:

The I-864 is used when sponsoring a spouse or other family member for permanent residence (green card).
This is a legally binding contract between the U.S. sponsor and the U.S. government. By signing the I-864, the sponsor agrees to support the foreign spouse or relative at 125% of the Federal Poverty Guidelines until certain conditions are met.
Unlike the I-134, the I-864 creates enforceable obligations, meaning the immigrant or even a government agency can sue the sponsor if the financial obligations are not met.

The Legal Obligations of Signing an I-864

When a U.S. citizen or permanent resident signs an I-864 they are taking on a significant financial obligation. The sponsor’s liability under this affidavit extends to not allowing the immigrant to receive certain public benefits including:

Supplemental Security Income (SSI)
Medicaid
Temporary Assistance for Needy Families (TANF)
Supplemental Nutrition Assistance Program (SNAP, formerly food stamps)

If the immigrant receives any of these benefits the government may seek reimbursement from the sponsor. The immigrant can also sue the sponsor directly if they don’t receive adequate financial support. The sponsor’s financial obligation under the I-864 lasts until one of the following:

The immigrant becomes a U.S. citizen.
The immigrant has worked 40 qualifying quarters (approximately 10 years) in the U.S.
The immigrant permanently leaves the U.S.
The immigrant dies.

Divorce does not end the I-864 obligation. Even after a divorce the sponsor is still financially responsible until one of the termination conditions is met.

Financial Liabilities of the I-864

Reimbursement to the Government:
If the sponsored immigrant starts to receive means-tested public benefits such as Medicaid or TANF the federal or state government can seek reimbursement from the sponsor. The government could sue the sponsor to recover the funds spent on the immigrant’s benefits.
Lawsuits from the Immigrant:
The immigrant can also sue the sponsor if they are not provided with the necessary financial support as outlined in the I-864. The immigrant must be provided with income that is at least 125% of the Federal Poverty Guidelines (100% if the sponsor is active-duty military). This obligation exists even if the immigrant is employed but doesn’t earn enough to reach that threshold.
Divorce Does Not End Liability:
One of the most important things about the I-864 is that divorce does not end the obligation. Even after a legal separation the sponsor is still liable for the immigrant’s financial well-being until the I-864 is terminated by one of the conditions above.

Limiting Liability: Best Practices for Sponsors

Given the long term financial liability of the I-864 sponsors should take steps to limit their exposure:

Understanding the Financial Commitment:
Sponsors should fully understand the financial implications of signing an I-864. It’s not just a formality; it’s a legally enforceable contract. Talking to an immigration attorney before signing the affidavit can help you understand the risks and obligations.
Planning for Divorce or Separation:
Divorce does not end the I-864 obligation. While no one wants to think about the relationship ending especially when you are on the high of love and romance, sponsors should at least think of the possibility of a divorce and understand that financial obligations to support the immigrant will continue even after the marriage is over.
Monitor the Immigrant’s Financial Independence:
Sponsors should encourage the sponsored immigrant to become financially independent as soon as possible through employment or other means so they don’t need to rely on public benefits or support from the sponsor. A combination of 40 quarters of qualifying quarters of employment of both the US citizen and the immigrant can terminate the obligations of the affidavit of support.
Encourage the Immigrant to Become a Citizen as Soon as Possible. One of the easiest ways to terminate the I-864 obligation is for the immigrant to become a U.S. citizen. Good news is that those who get their green card through marriage to an American citizen can get their green card quicker than most — they only have to wait 3 years after getting their green card to apply for naturalization (instead of the usual 5 years).

International Marriage Broker Regulation Act (IMBRA)

The International Marriage Broker Regulation Act of 2005 (IMBRA) was passed to address domestic violence in marriages facilitated by international marriage brokers: but it applies to ALL K-1 petitions not just those who met through an International Marriage Broker.

IMBRA requires U.S. petitioners to disclose past criminal convictions involving violence or abuse when filing for a K-1 visa. The foreign fiancé(e) must also be informed of their rights and protections in the U.S.

IMBRA also limits the number of K-1 petitions a U.S. citizen can file. If a petitioner has filed two or more K-1 petitions or had one approved within two full years prior, they must apply for a waiver. Convictions for violent crimes may disqualify a petitioner unless they can show extraordinary circumstances.

Also under the Adam Walsh Child Protection and Safety Act of 2006, any individual convicted of a felony sex crime against a child is not eligible to sponsor a foreign national for immigration including K-1 visas. Waivers are very limited and granted at the discretion of the Department of Homeland Security.

IMBRA’s objectives are:

Toprotect foreign nationals from U.S. citizen abuse or exploitation.
To inform foreign nationals of the U.S. citizen petitioning for them.
To limit U.S. citizens from filing multiple K-1 petitions for different fiancé(e)s.

IMBRA information can be found in the I-129F petition instructions.

Who is affected by IMBRA?

IMBRA affects all U.S. citizens who are filing a K-1 petition (Form I-129F) for their fiancé(e) — not just those who met their fiancé(e) through an International Marriage Broker.

IMBRA requires all petitioners to disclose whether or not they met their foreign fiancé(e) through an International Marriage Broker (IMB).

An International Marriage Broker (IMB) is any business or entity, whether in the U.S. or abroad, whose principal business is to provide matchmaking or introduction services between U.S. citizens or lawful permanent residents and foreign nationals. This includes online dating services or matrimonial services that involve international clients. Companies whose principal business provide dating services to everyone, without specifically targeting Americans and foreign nationals, would still be considered an IMB if it did not charge comparable rates and offer comparable services to all individuals regardless of gender or country of citizenship.

Items 55 – 61 on the I-129F Form ask the petitioner to disclose whether they met their fiancée through the service of an International Marriage Broker (IMB). If you answer “Yes,” you will need to provide the IMB’s name, organization name, website, mailing address and daytime telephone number.

NOTE: You must also provide a copy of the signed, written consent form that the IMB obtained from your beneficiary that authorized the release of the beneficiary’s personal contact information to you. If the consent form is in a language other than English, you must provide a certified English translation with the form

If the petitioner and beneficiary met through an IMB, be prepared for USCIS and/or the Embassy to dig deep into the relationship for marriage fraud.

IMBRA Requirements for K-1 Petitioners

IMBRA applies to all U.S. citizens petitioning for K-1 visas for their foreign fiancé(e)s. Here are the requirements:

IMBRA and the K-1 Visa Process: What U.S. Citizens Need to Do

If you are a U.S. citizen who met your fiancé(e) through an International Marriage Broker, you must provide specific information and documentation when you file your K-1 petition. Here’s what you need to do:

How You Met

When you complete Form I-129F, you must indicate how you met your fiancé(e). If you met through an IMB, you must provide:

The name and contact information of the IMB.
A signed consent form from your fiancé(e) that authorized the IMB to release their personal information.
If the consent form is in a language other than English, a certified translation.

Criminal History

IMBRA requires all U.S. citizens to disclose certain criminal history information when filing a K-1 petition. This includes any convictions or protective orders for:

Domestic violence
Sexual assault
Child abuse or neglect
Stalking
Dating violence
Elder abuse
Other crimes involving harm or violence

Even if records have been expunged or sealed, you must disclose this information. USCIS will include this in the petition and it will be shared with the foreign national beneficiary (the fiancé(e)) during the visa process. The sole purpose here is to make sure the foreign national is fully aware of the petitioner’s history.

If your new petition is approved, all disclosed criminal history and information about your previous K-1 petitions will be sent to the U.S. Embassy or Consulate that will be conducting the visa interview. The consular officer will review this information with your fiancé(e) during the visa interview.

Waiver of Multiple K-1 Filing Limitation

IMBRA has a limitation on how many times a U.S. citizen can file K-1s for different beneficiaries. Here’s what it says:

A petitioner can’t file a K-1 petition for more than two different fiancé(e)s in their lifetime.
If a U.S. citizen has had two previously approved K-1s, they must wait two years before filing another K-1 unless they request and get a waiver for extraordinary circumstances.

Types of Waivers

General Waiver: If you have never been convicted of a violent crime, you can request a waiver to file another petition. You must provide a reason for the waiver, such as:
- Death or incapacity of a prior fiancé(e).
- Police reports, death certificates or other supporting evidence.
Extraordinary Circumstances Waiver: If you have been convicted of a violent crime, USCIS will only grant a waiver if extraordinary circumstances exist. To support your waiver request, you must submit:
- Court records, police reports or trial transcripts explaining the nature of the crime.
- Evidence of rehabilitation, good conduct or community ties.
Mandatory Waiver
If you were convicted of a violent crime but were also a victim of battery or extreme cruelty by a family member or intimate partner, you may still be eligible for a waiver. This applies if you were not the primary perpetrator of violence and your criminal behavior was in self-defense or coercion.

To request this waiver, submit:

Court documents, police reports and evidence of abuse or self-defense.
Any other credible evidence you have that you were a victim of domestic violence (medical records, personal affidavits etc.)

USCIS will review your evidence to see if you meet the waiver requirements.

Final Steps

If you are requesting a waiver, include the supporting documents in Part 8: Additional Information or attach a detailed letter explaining your situation. Note: if you are filing for a spousal visa, these waivers don’t apply.

Multiple K-1 Filing Tracking

USCIS tracks U.S. citizens who file multiple K-1s. If a petitioner has filed more than one petition in the past, both the petitioner and the foreign national beneficiary will be notified of the number of previously approved K-1s. This is part of the overall effort to protect foreign nationals from exploitation or patterns of behavior that may raise concerns.

International Marriage Broker Requirements

IMBRA also regulates International Marriage Brokers (IMBs). IMBs must:

Run background checks on their U.S. clients and provide the results to the foreign national before any personal contact information is exchanged.
Get written consent from the foreign national to release their personal information to the U.S. client.
Provide foreign national clients with information about their legal rights in the United States, including rights related to domestic violence, sexual assault and human trafficking.

USCIS Allows Spousal or Fiancé(e) Sponsorship When the Petitioner is the Cousin of the Beneficiary

U.S. immigration law allows U.S. citizens to sponsor their foreign-born spouse or fiancé(e) to come to the United States. However when the petitioner and the beneficiary are related – such as when the petitioner is the cousin of the beneficiary – the process gets more complicated. Many cultures around the world allow or even encourage cousin marriages but these relationships can raise red flags in the U.S. immigration system because of concerns about fraud or the legitimacy of the relationship.

This section will discuss how USCIS handles spousal and fiancé(e) sponsorship when the petitioner is the cousin of the beneficiary, the requirements for such petitions and what couples can do to navigate this process.

Legal Grounds for Cousin Marriages in U.S. Immigration Law

Cousin marriages are not prohibited under U.S. immigration law. In fact U.S. immigration law does not automatically deny a petition for a spousal or fiancé(e) visa because the petitioner and beneficiary are related. USCIS follows the legal recognition of marriage as determined by the state or country where the marriage took place or will take place.

States and Cousin Marriages: Varying Rules

In the United States, cousin marriages are legal in some states but not in others. When reviewing a marriage-based petition (I-130 for a spouse or I-129F for a fiancé(e)), USCIS looks at whether the marriage is legally recognized in the jurisdiction where the marriage took place or where the petitioner and beneficiary will reside.

States Where Cousin Marriages Are Legal: Several U.S. states, such as California, New York and Massachusetts allow cousin marriages. If the petitioner and beneficiary were married in one of these states, USCIS will generally recognize the marriage as valid.
States Where Cousin Marriages Are Prohibited: Some states, like Texas and Kentucky prohibit cousin marriages. If the petitioner and beneficiary live in a state that does not recognize cousin marriages, they may need to provide additional documentation to explain how they will live in a state where their marriage will be recognized.

For fiancé(e) visas, if the couple will be getting married in a state where cousin marriages are illegal, they will need to change their plans and show that they will be getting married in a jurisdiction where such a marriage is legal.

Cousin Relationships and Extra Scrutiny by USCIS

Even though cousin marriages may be legal in certain U.S. states or countries, petitions involving related parties are subject to extra scrutiny by USCIS. This is because marriage fraud is a big concern in the U.S. immigration process and USCIS officers are trained to look for signs of fraud especially in cases where the relationship may be considered unusual by U.S. standards.

USCIS’s extra scrutiny of cousin marriages does not mean the petition will be denied but it means additional evidence and documentation will be required to prove the relationship is legitimate.

What USCIS Looks For in Spousal or Fiancé(e) Petitions for Cousins

When a U.S. citizen files a petition for their spouse or fiancé(e) who is also their cousin, USCIS will review the case based on the following:

Proof of Bona Fides of the Relationship

One of the most important parts of any marriage-based or fiancé(e)-based petition is proving the bona fides, or good faith, of the relationship. USCIS will require a lot of evidence to show the relationship is real and not just for immigration benefits.

Evidence to prove bona fides of the relationship may include:

Proof of ongoing relationship, such as photos, travel documents and correspondence.
Evidence of shared finances or cohabitation.
Affidavits from family members and friends who know the couple and can vouch for the relationship.
Detailed statements from both the petitioner and the beneficiary explaining how they met, how their relationship developed and why they will get married.

Cultural and Religious Considerations

In some cultures, cousin marriages are common and acceptable. USCIS will consider cultural and religious factors when reviewing the petition. But this does not mean the petitioner is exempted from providing the necessary evidence to prove the relationship is legitimate. If cousin marriages are common in the petitioner’s or beneficiary’s cultural or religious background, it would be helpful to provide evidence or explanations of those norms.

Avoiding Red Flags

USCIS officers are trained to look for certain red flags that may indicate a fraudulent marriage or engagement. In cousin-related petitions, these red flags may include:

Large age gap between the petitioner and the beneficiary.
No communication or evidence of the relationship.
Inconsistent information in the petition or supporting documents.

Petitioners should be ready to address any red flags and provide explanations and documentation to USCIS.

Preparing a Strong Petition: Tips for Success

Couples where the petitioner and beneficiary are cousins should do the following to make their petition as strong as possible:

Provide Clear and Detailed Documentation

Since cousin petitions are subject to extra scrutiny, it’s crucial to provide clear and thorough documentation to support the petition. This includes evidence of the relationship’s bona fides such as travel records, communication records and photos of the couple together.

Explain Cultural or Religious Norms

If the couple’s culture or religion allows or encourages cousin marriages, providing evidence of those norms can be helpful. This may include letters or affidavits from community leaders, religious leaders or family members explaining how cousin marriages are viewed in the couple’s community.

Prepare for an Interview

If the petition is approved, both the petitioner and beneficiary will likely be required to attend an interview. During the interview, USCIS will ask questions about the relationship to verify its legitimacy. Petitioners should be prepared to answer questions about how they met, how they maintain the relationship and their future plans together.

Consult with an Immigration Attorney

Since cousin petitions are more complicated, it would be helpful to consult with an immigration attorney who has experience with such cases. An attorney can make sure the petition is properly prepared and all necessary documents are submitted.

Navigating the I-601 Waiver for Fiancé(e) Visa Applicants: Unlawful Presence, Criminal Conviction or Misrepresentation

Applying for a K-1 fiancé(e) visa is a big step to bring your foreign fiancé(e) to the US to get married. However, some applicants may face hurdles in the form of inadmissibility. Inadmissibility means U.S. immigration law considers an individual not eligible to enter the country due to specific grounds such as unlawful presence, criminal convictions or misrepresentation. In such cases, applicants can file Form I-601, Application for Waiver of Grounds of Inadmissibility which if approved will allow them to overcome these obstacles.

This section will discuss how Form I-601 applies to fiancé(e) visa applicants who are inadmissible due to unlawful presence, criminal convictions or misrepresentation. We will cover the waiver process, requirements and evidence needed to support the application.

I-601 Waiver

I-601is a formal request to U.S. Citizenship and Immigration Services (USCIS) to waive certain grounds of inadmissibility that would otherwise bar a person from getting a visa. In the context of the K-1 fiancé(e) visa, an I-601 waiver can be requested if the applicant is inadmissible for the following:

Unlawful Presence – Being in the U.S. without legal status.
Criminal Convictions – Certain criminal offenses that bar the applicant.
Misrepresentation or Fraud – Providing false information or withholding material facts during the immigration process.

The I-601 waiver can be obtained if the applicant can show that denying their entry into the U.S. would cause extreme hardship to the U.S. citizen fiancé(e).

Inadmissibility Due to Unlawful Presence

Unlawful presence occurs when an individual stays in the U.S. beyond the period allowed by their visa or enters the country without authorization. U.S. immigration law has a 3-year and 10-year bar for individuals who leave the U.S. after accumulating unlawful presence:

3-year bar: Applies if the applicant has been unlawfully present for more than 180 days but less than 1 year.
10-year bar: Applies if the applicant has been unlawfully present for 1 year or more.

Once these bars are triggered, the applicant is inadmissible to the U.S. for 3 or 10 years respectively. To overcome this, the applicant can file Form I-601 to request a waiver.

How to Show Extreme Hardship for Unlawful Presence Waivers

To qualify for a waiver, the applicant must show that denying them entry would cause extreme hardship to their U.S. citizen fiancé(e) or spouse. Extreme hardship must go beyond the typical emotional or financial impact of separation. Some factors to consider:

Medical Conditions: If the U.S. citizen has medical issues that require the fiancé(e)’s care, especially if they can’t get the care in the applicant’s home country.
Economic Hardship: Loss of financial stability because the fiancé(e) can’t work in their home country or the cost of maintaining separate households.
Safety Concerns: If the applicant’s home country is unstable due to political unrest, war or high crime rates.
Educational Disruption: If separation would impact the U.S. citizen’s education or career development.
Family Separation: If the U.S. citizen would have to live apart from family in the U.S. for an extended period.

Documentation to support these claims can include medical records, financial documents, psychological evaluations, affidavits from family or friends, and country condition reports.

Inadmissibility Due to Criminal Convictions

Criminal convictions can also make a fiancé(e) visa applicant inadmissible, especially if the conviction is a crime of moral turpitude (CIMT). Crimes of moral turpitude generally include conduct that is dishonest or intended to harm others, such as:

Fraud or Theft: Petty theft, embezzlement or any crime involving deceit.
Assault or Domestic Violence: Violent crimes or crimes involving harm to another person.
Drug Offenses: Convictions involving controlled substances (with limited exceptions).

Some minor offenses may not require a waiver but many crimes, especially if they are multiple or with longer sentences, can make someone inadmissible.

Steps for a Criminal Conviction Waiver

For a criminal conviction waiver, the applicant must again show that their U.S. citizen fiancé(e) would suffer extreme hardship if the applicant is denied entry. The applicant should also provide evidence of rehabilitation and good moral character since the conviction.

Key documentation:

Court records showing the conviction details.
Police clearance certificates from the applicant’s home country.
Evidence of rehabilitation, such as completion of rehabilitation programs, letters from employers or proof of community involvement.
Affidavits from family, friends or religious leaders attesting to the applicant’s good character since the conviction.

Inadmissibility Due to Misrepresentation or Fraud

Misrepresentation occurs when an applicant provides false information or conceals material facts during the immigration process. Examples of misrepresentation include:

Lying about the purpose of previous trips to the U.S.
Using false documents to get a visa.
Not disclosing a prior removal or deportation order.

Misrepresentation makes an applicant inadmissible under U.S. immigration law. But like other grounds of inadmissibility, a waiver may be available if the applicant can show that their U.S. citizen fiancé(e) would suffer extreme hardship if denied entry.

Steps for a Misrepresentation Waiver

To apply for a waiver due to misrepresentation, the applicant must:

Admit to the misrepresentation or fraud (if true)
Show extreme hardship to the U.S. citizen fiancé(e) if the waiver is not granted.
Provide detailed evidence of good moral character and explain the circumstances that led to the misrepresentation.

Include affidavits explaining why the misrepresentation occurred, letters of support from family and friends and evidence of rehabilitation (if applicable). Be honest and thorough in your application.

Form I-601: Step-by-Step Process

Once the grounds for inadmissibility has been determined and the waiver is needed, the applicant must:

Fill out Form I-601: The I-601 form requires detailed information about the grounds for inadmissibility and why a waiver is being requested.
Submit Supporting Documentation: Provide all relevant documents to prove extreme hardship, rehabilitation or mitigating circumstances. This may include medical records, financial statements, legal documents, affidavits and other evidence.
Pay the Filing Fee: As of 2024, the filing fee for Form I-601 is $930. Check the USCIS website for the most up-to-date fee information.
File the Waiver: Submit the completed I-601 and supporting documents to the correct USCIS office. Depending on the case, this may be done after receiving an inadmissibility finding at the consulate or directly with USCIS.
Wait for Processing: USCIS may take several months to process the waiver. Processing time varies depending on the complexity of the case and amount of documentation provided.

Tips to Strengthen Your I-601 Waiver

To increase chances of approval, consider the following when submitting your I-601 waiver:

Define Extreme Hardship Clearly: It’s not enough to say hardship exists. Provide specific examples and details of how the U.S. citizen will be affected.
Provide Thorough Documentation: Medical records, financial reports and affidavits should be detailed and organized. The more evidence you provide the stronger your case will be.
Show Rehabilitation for Criminal Convictions: If your waiver is based on criminal inadmissibility, highlight the steps you’ve taken to rehabilitate yourself and re-integrate into society. This can include evidence of employment, education, and community involvement.
Consult an Immigration Attorney: Given the complexity of I-601 waivers, it’s recommended to seek professional legal help to ensure your application is complete and presents the best possible case.

Child Spouses: Underage Marriages and U.S. Immigration Policies

Child marriage is a global issue that affects millions of children, mostly girls. It’s considered a human rights violation as it often forces minors into marriages where they can’t legally or emotionally consent.

While efforts to reduce child marriage are being made around the world, the intersection of child marriage and immigration in the U.S. adds another layer to this issue.

According to UNICEF (2019), 650 million girls globally were married before their 18th birthday and 150 million more will be married by 2030. The practice exists in many countries and intersects with U.S. immigration policies, particularly through spousal or fiancé(e) visas.

Between 2007 and 2017, over 8,600 spousal and fiancé(e) immigration visas were approved for minors.

U.S. Marriage Laws and Child Marriage

Marriage laws in the United States vary from state to state. While two states—Delaware and New Jersey—became the first to set an absolute minimum marriage age of 18 with no exceptions in 2018, other states still have exceptions. For example:

Virginia passed a law in 2016 setting 18 as the minimum age but minors who are emancipated through court can still marry.
Georgia allows minors 17 and up to marry if they are legally emancipated (Tahirih Justice Center, 2019).

Advocacy groups like the Tahirih Justice Center are pushing for a federal minimum age of 18 with no exceptions. States with age restrictions have seen a big drop in underage marriage. In Virginia, underage marriage went from 182 in 2015 to 13 in 2017 after the stricter laws took effect (Tahirih Justice Center, 2020).

International Marriage Laws and Child Marriage

Many countries have a legal marriage age of 18 but with varying levels of enforcement. In some cases, minors can marry with parental consent or under special circumstances like pregnancy. For example, China has one of the highest minimum marriage age requirements, 22 for males and 20 for females. Sudan has one of the lowest, where girls as young as 10 and boys at puberty can marry (Pew Research Center, 2016).

U.S. Immigration and Minor Spouses

Current U.S. immigration law does not have a minimum age for petitioners or beneficiaries in spousal or fiancé(e) visa applications. But USCIS has added extra scrutiny to these petitions when minors are involved. In 2019, USCIS issued new guidance for spousal petitions (Form I-130) and fiancé(e) petitions (Form I-129F). The updated policy requires interviews when:

Either the petitioner or beneficiary is under 16 years old, or
Either party is 16 or 17 and there’s a significant age gap (10 years or more) between the couple.

USCIS’s main concern in these cases is to make sure the marriage is legal and valid in the country where it took place. That means the marriage must be recognized as valid in the foreign country where it occurred and in the U.S. state where the couple will live.

In addition to legality, USCIS has to assess the bona fides of the marriage especially when minors are involved. They want to prevent exploitation, forced marriage and trafficking. Since child spouses are more vulnerable, extra precautions are taken to make sure the relationship is voluntary and consensual.

But advocates say current immigration policies still don’t do enough to protect minors from bad marriages. There’s no federal law that outright bans the immigration of minors in spousal or fiancé(e) relationships and the burden of

K-1 Visa Statistics

The K visa was created in 1970 during the Vietnam War to help Vietnamese fiancées of U.S. soldiers come to the U.S. when bureaucratic delays made it hard for them to get immigrant visas in time. Congress responded by creating the K visa category through Public Law 91-225 which amended the Immigration and Nationality Act of 1952.

Today the K-1 visa allows U.S. citizens to bring their foreign fiancées to the U.S. especially when marriage in the foreign country is complicated or not possible due to local laws.

We looked at public data to see national trends in K-1 alien fiancé visa applications. Below are the key statistics, an overview of the K-1 process and the flow of immigrant fiancés to the U.S.

Key Statistics

Increase in Approvals: K-1 visa approvals skyrocketed in the first 3 quarters of FY2023 and surpassed the total approvals for all of FY2022.
Backlog Surge: The number of pending I-129F petitions jumped from 30,408 in 2021 to 55,425 in 2022 – an 82% increase.
Recovery from 2020: K-1 visa issuances bounced back in 2022 from the huge drop in 2020 due to the pandemic.
Historical Significance: The K-1 visa was created in 1952 and has been important for family reunification and international relationships especially after the 1990 reforms.
COVID-19’s Impact: The pandemic caused major delays, backlogs and policy changes in the K-1 visa application process.
Comparison to Other Visas: K-1 visa admissions in 2022 was 0.3% of all nonimmigrant visas issued.
Nationality Shifts: Post-pandemic, there’s a decrease in K-1 visa recipients from countries like Vietnam, Great Britain, China and Brazil while numbers for the Philippines and Mexico are nearing pre-pandemic levels.
Top U.S. States for K-1 Holders: California, Texas, Florida and New York were the top destinations for K-1 visa holders in 2022 with 36% of sponsors living in these states.
Impact of “90-Day Fiancé”: Since the reality show debuted, K-1 visa approval rates have dropped and 2022 had the lowest approval rate since USCIS started reporting this data.

COVID-19’s Impact on K-1 Visa Applications

The COVID-19 pandemic affected the K-1 visa process in the following ways:

Processing Delays: Before the pandemic, processing times for Form I-129F (the petition for a K-1 visa) was 5-7 months. By late 2022, it was 21 months – triple the wait time.
Policy Changes: Public health and border control measures during the pandemic also changed the way visa are adjudicated, focusing on health screenings and quarantine protocols.

Global K-1 Visa Approval and Refusal Rates by Fiscal Year

The table below shows the worldwide approval and refusal rates for K-1 visa applicants for several fiscal years. These are applicants who have applied for K-1 visa stamping at U.S. embassies and consulates. All data is from U.S. Department of State.

85.82%

14.18%

2023

Note: The U.S. government’s fiscal year starts on October 1 and ends on September 30 of the following year. For example, FY 2023 begins on October 1, 2022, and ends on September 30, 2023.

Total K-1 Visas Approved and Refused Worldwide

Here are the total K-1 visas approved and refused worldwide for several fiscal years. The chart below:

Fiscal Year

Approved

2013

26,321

2014

35,925

N/A

2015

30,947

N/A

2021

19,218

4,155

2022

21,351

3,192

2023

19,825 3,276

K1 Visa Approval Rate by Country (Top 25)

The U.S. Department of State doesn’t release approval and refusal data for every country. The approval rates below are based on overall K1 visa data from various consulates. Here’s the top 25 countries and their approval rates:

Australia

2022 Approval Rate: 85.82%
2023: 85

Brazil

2021 Approval Rate: 85.82%
2022: 85

Cambodia

2022 Approval Rate: 82.27%
2023: 81

Canada

2022 Approval Rate: 87.01%
2023: 381

China

2022 Approval Rate: 87%
2023: 365

Colombia

2022 Approval Rate: 87.01%
2023: 1,097

Dominican Republic

2022 Approval Rate: 87.02%
2023: 965

Germany

2022 Approval Rate: 87%
2023: 365

Haiti

2022 Approval Rate: 82.28%
2023: 540

India

2022 Approval Rate: 87%
2023: 505

Indonesia

2022 Approval Rate: 85.82%
2023: 172

Italy

2022 Approval Rate: 85.82%
2023: 85

Jamaica

2022 Approval Rate: 87.01%
2023: 381

Japan

2022 Approval Rate: 87.05%
2023: 365

Mexico

2022 Approval Rate: 87.03%
2023: 1,097

Nigeria

2022 Approval Rate: 87.07%
2023: 505

Pakistan

2022 Approval Rate: 87.1%
2023: 365

Philippines

2022 Approval Rate: 87%
2023: 1,097

Russia

2022 Approval Rate: 87.5%
2023: 81

Spain

2022 Approval Rate: 85.82%
2023: 91

Thailand

2022 Approval Rate: 87.07%
2023: 436

Turkey

2022 Approval Rate: 87.05%
2023: 444

Ukraine

2022 Approval Rate: 87.07%
2023: 202

United Kingdom

2022 Approval Rate: 87.01%
2023: 564

Vietnam

2022 Approval Rate: 87.05%
2023: 672

Key Takeaways

Overall Trends: K-1 visa approval rates have been trending up in recent years, after the COVID-19 pandemic.
Country-Specific Trends: Some countries have higher or lower approval rates for various reasons, including number of applicants and consular decisions.
Fiscal Year: Knowing the fiscal year timeline is important for applicants to know when to expect changes in processing times and approval rates.

K-1 Issuances

K-1 issuances have started to recover after the pandemic disrupted embassy operations. Issuances went from 19,218 in 2021 to 21,315 in 2022, an 11% increase. Still below the 2019 high of 35,881 and the decade high of 38,403 in 2016.

Compared to other nonimmigrant visa categories, K-1 is a small part of the total issuances. In 2022, K-1 was 0.3% of nonimmigrant visas while B-1/B-2 had over 3.2 million admissions.

I-129F Approvals and Denials

Form I-129F is filed by U.S. citizens to bring their foreign fiancé(e)s to the U.S. for marriage. In 2023, more I-129F were approved in the first 3 quarters than all of 2022. Denial rates also decreased from 37% in 2022 to 25% in 2023.

I-129F pending has grown significantly. 30,408 in 2021 vs 55,425 in 2022, an 82% increase.

Nationality of K-1 Visa Holders

Post-pandemic K-1 visa trends show a decline in applicants from Vietnam, Great Britain, China and Brazil while Philippines and Mexico are back to pre-pandemic levels.

Top U.S. States for K-1 Visa Holders

In 2022, California, Texas, Florida and New York were the top 4 states for K-1 visa holders. 36% of K-1 sponsors lived in these 4 states.

“90-Day Fiancé” Effect on K-1 Visa

“90-Day Fiancé,” a popular reality TV show that follows couples going through the K-1 process has brought a lot of attention to this visa category. Since the show started, K-1 approval rates have decreased and 2022 has the lowest approval rate since data started. The show features couples from countries like Philippines and Brazil has highlighted certain nationalities in the process but the impact of the show on actual visa trends is unclear.

K-1 FAQs

Can I work with a K-1 visa?

Yes, but you must file for work authorization (I-765) after arrival in the U.S. This is valid for 90 days. If you file for permanent residence (I-485), include I-765 to get a work permit for 5 years.

Can I extend my K-1 visa?

No, K-1 status expires in 90 days.

Can I apply if my partner is a green card holder?

No, K-1 is only for fiancés of U.S. citizens. Green card holders must be married to petition for their partner.

How do I get a green card after marrying on a K-1 visa?

After marriage, file I-485 to register permanent residence and become a LPR.

Do I need an affidavit of support?

Yes, file I-134 when applying for K-1 visa.

K-1 vs K-3?

K-1 is for fiancés of U.S. citizens. K-3 was for spouses but CR-1 spousal visas are more common now.

What if We Haven’t Met in Person Within 2 Years?

Exceptions:

USCIS may waive the in-person meeting requirement if it would violate long established customs of the foreign fiancé(e)’s culture or would cause extreme hardship to the U.S. citizen sponsor.

Can My Children Come with Me to the U.S.?

Yes. Unmarried children under 21 can be eligible for K-2 visas to accompany or follow the foreign fiancé(e).

What if We Don’t Get Married Within 90 days?

Obligation to Depart:

i. Foreign fiancé(e) must leave the U.S. if marriage does not occur within the time frame.
ii. Overstaying can have legal consequences and affect future immigration
iii. If you marry the petitioner AFTER the 90 days, the petitioner will need to file the I-130 and you can file the I-485.

What is I-129F Petition?

I-129F is a petition filed by a U.S. citizen to bring their foreign born fiancé(e) to the U.S. on a K-1 visa so they can get married within 90 days of arrival. The petition starts the whole K visa,-1 process by proving the relationship and intent to marry.

What are the requirements to file I-129F?

To file I-129F, the U.S. citizen petitioner and foreign fiancé(e) must:

i. Have met in person within the last 2 years (unless exempt).
ii. Be free to marry.
iii. Both have intent to marry within 90 days of fiancé(e)’s arrival in the U.S.

What are the exceptions to the in-person meeting?

Exceptions to the in-person meeting are:

i. Cultural or religious reasons: If meeting would violate long established customs of the foreign fiancé(e)’s culture.
ii. Extreme hardship: If either party cannot meet due to extreme hardship (e.g. financial difficulties or political instability).

What happens after I-129F is approved by USCIS?

Once USCIS approves the I-129F, the petition is sent to the National Visa Center (NVC) which then sends it to the U.S. Embassy or Consulate where the foreign fiancé(e) resides. The foreign fiancé(e) will then receive instructions to complete the visa application and attend a visa interview.

What documents are required for I-129F?

When filing I-129F, the petitioner must submit:

i. Evidence of U.S. citizenship (e.g. copy of U.S. passport or birth certificate).
ii. Proof both parties are free to marry (e.g. divorce decrees or death certificates of former spouses).
iii. Proof of in-person meeting (e.g. photos, travel itineraries, passport stamps).
iv. Evidence of ongoing relationship (e.g. emails, letters, phone records).
v. Recent passport style photos of both petitioner and fiancé(e).

Can same-sex couples get a K-1 visa?

Yes, same-sex couples can get a K-1 visa as long as they meet all the legal requirements for marriage and the I-129F process.

What are the common mistakes when filing I-129F?

i. Not providing enough evidence of in-person meeting.
ii. Forgetting to sign the petition.
iii. Providing incomplete or old information.
iv. Not paying the right fee.

How long to process I-129F?

I-129F processing time can take anywhere from 6 to 12 months.

What is the K-1 visa interview like?

K-1 visa interview is at the U.S. Embassy or Consulate where the foreign fiancé(e) resides. The consular officer will ask questions to verify the relationship, intent to marry and eligibility for the visa. Some of the questions may be:

i. How did you and your fiancé(e) meet?
ii. How often do you communicate?
iii. Have you met each other’s families?
iv. What are your wedding plans?

What to bring to the K-1 visa interview?

Foreign fiancé(e) must bring:

i. Valid passport.
ii. DS-160 confirmation page (online visa application).
iii. Proof of relationship (photos, emails, correspondence).
iv. Evidence of financial support from U.S. petitioner (Form I-134, Affidavit of Support).
v. Medical examination results.
vi. Police certificates from any country where the fiancé(e) has lived for 6 months or more.

What if K-1 visa is denied?

If K-1 visa is denied, the consular officer will explain the reason for the denial. Some common reasons are:

i. Incomplete documents.
ii. Questions about the relationship.
iii. Failed background check (e.g. past criminal activity). If denied, petitioner can appeal or reapply depending on the situation.

How long is K-1 visa valid?

Once issued, K-1 visa is valid for 6 months and the fiancé(e) must enter the U.S. within this time frame. Upon arrival, the couple has 90 days to get married.

Can I bring my children on K-1 visa?

Yes, unmarried children under 21 of the K-1 visa holder can accompany the fiancé(e) to the U.S. on K-2 visa. They must be listed on the original I-129F petition and go through the same visa process.

What if foreign fiancé(e) has a criminal record?

Some criminal convictions can make foreign fiancé(e) ineligible for K-1 visa. But some ineligibilities can be waived depending on the type and severity of the crime. It’s important to disclose all past convictions during the application process.

What if we can’t get married within 90 days?

If the couple doesn’t get married within 90 days, the K-1 visa holder must leave the U.S. Failure to do so will result in deportation and affect future visa eligibility. Or if they get married after 90 days, then the U.S. citizen will need to file I-130 petition. If unexpected circumstances arise, it’s best to consult with an attorney to explore options.

Can I work in the U.S. on K-1 visa?

K-1 visa does not automatically authorize work. However, once the foreign fiancé(e) arrives in the U.S., they can apply for Work Authorization Document (EAD) by filing Form I-765. This work authorization is usually valid for 90 days.

What if foreign fiancé(e) overstays K-1 visa?

Overstaying K-1 visa can have severe consequences including being barred from re-entering the U.S. in the future. If you can’t get married within 90 days, foreign fiancé(e) must leave the U.S. before the status expires. Or if the person marries the K-1 sponsor AFTER 90 days, the U.S. citizen will need to file I-130 and the immigrant spouse will need to file I-485 concurrently.

Can I expedite to apply for a K-1 visa?

In some cases such as medical emergencies or deployment of a military service member, you may request expedite of I-129F petition. However, this is case by case basis and supporting documents must be provided.

What if K-1 visa is issued but the relationship ends before marriage?

If the relationship ends before marriage, foreign fiancé(e) must leave the U.S. immediately. If foreign fiancé(e) wants to stay in the U.S., they cannot get married to someone else on K-1 visa and must go back to their home country and apply for a new visa.

Can I travel outside U.S. on K-1 visa?

K-1 visa is a single entry visa, meaning the fiancé(e) cannot exit and re-enter the U.S. on the same visa. Once in the U.S., the fiancé(e) should not travel abroad until they either get married and file for adjustment of status or file for travel document (advance parole).

Can I apply for K-1 visa if I met my fiancé(e) online but never met in person?

No, you must meet in person at least once within 2 years before filing I-129F petition. Exceptions may apply if meeting would cause extreme hardship or violate cultural traditions.

Can I apply for K-1 visa if I’m a lawful permanent resident (green card holder)?

No, only U.S. citizens can apply for K-1 visa. Permanent residents must get married to their fiancé(e) abroad and file for spousal visa (CR-1 or IR-1).

What if my fiancé(e) is from a country under U.S. travel restrictions?

Travel bans or restrictions may apply to K-1 visa for some countries. In these cases, consult with an immigration attorney to see options or exceptions including waiver requests.

Can I transfer my K-1 visa case to another embassy if my fiancé(e) moves to a different country?

Yes, if the fiancé(e) moves to a different country during the visa process, the case can be transferred to a new U.S. Embassy or Consulate. The petitioner must notify NVC or Embassy of the change.

What if U.S. Petitioner or Foreign Fiancé(e) Passes Away During the Process?

While it’s a rare and unfortunate scenario, there are cases where either the U.S. petitioner or the foreign fiancé(e) passes away during the K-1 visa process. The aftermath of this event has specific immigration consequences:

i. If U.S. petitioner passes away: Generally, the K-1 petition is automatically revoked if the U.S. citizen petitioner dies before the fiancé(e) enters the U.S. on the visa. However, in some cases, the foreign fiancé(e) may file for humanitarian reinstatement of the approved I-129F if they can show sufficient humanitarian reasons to proceed.
ii. If foreign fiancé(e) passes away: The K-1 process ends and there’s no way for the U.S. petitioner to replace or transfer the petition to another foreign fiancé(e).
iii. Alternative options: If the foreign fiancé(e) has already entered the U.S. and the couple gets married before the petitioner’s death, the foreign spouse can still file for survivor benefits under U.S. immigration laws which may allow them to get a green card based on the marriage.

How does dual citizenship affect consular protection during conflicts?

U.S. dual nationals may have limited consular protection. If detained in the country of their other nationality, U.S. consular officers may be unable to assist. For example, if a U.S. dual citizen is in a country with which the U.S. has strained relations, getting help from the U.S. embassy may be tricky.