The K-1 non-immigrant visa is used by fiancés of US citizens seeking to enter the USA for the purpose of marrying and filing for permanent residency through adjustment of status.

What are the requirements of a K-1 visa?

The K-1 visa has a few requirements, including:

• The couple has the bona fide intent to marry within 90 days of the individual entering the USA;
• Each person is legally able to marry; and
• The couple has met in person within two years of filing the petition.

What are the steps to the K-1 visa?

The process generally follows the steps below:

• Submission and approval of the I-129F Petition for Alien Fiancé;
• Approval of the Form I-129F by USCIS;
• Transmittal of the approval to the National Visa Center;
• Transfer of the contents to the consular post;
• K-1 fiancé visa interview;
• Entry into the USA and marriage to the US citizen within 90 days;
• Application for and approval of the I-485 Application to Register for Permanent Residence.

What are the steps to the K-1 visa?

The consular post should send a letter to the K-1 fiancé outlining the steps to be taken and the documents required for the interview. The following documents are typically required at that stage:

• Online Form DS-160;
• Valid passport;
• Documentation confirming the termination of any prior marriages;
• Police certificates from all countries where the applicant has lived for six months or more since the age of 16;
• Sealed medical examination;
• Form I-134 and supporting financial documentation from the US citizen;
• Birth certificates of any children;
• Military records, if applicable;
• Two passport style photos;
• Proof of payment of the visa application.

If my K-1 fiancé visa is granted, how long will it be valid?

The approved K-1 petition is valid for a period of four months from the date of the USCIS approval of the I-129F. However, consulates may revalidate the approval an unlimited number of times in four month increments so long as the K-1 requirements continue to be met.

I want to marry my fiancé six months after she enters in the USA so that we have time to plan a wedding. Is that a problem?

Yes. The K-1 requires that the couple make marriage plans and document that the wedding will occur within the USA within 90 days of entering the country.

I have not yet met fiancé in person. Can I still file the K-1 visa?

Yes, so long as an exception listed below applies:

• The in-person meeting requirement would result in extreme hardship to the US citizen; or
• The in-person meeting requirement would violate strict and long-standing customs of the fiancé’s foreign culture or social practice.

I am currently separated from my ex-spouse. I am engaged to my K-1 fiancé. Can I file the K-1 visa for her?

No. Each member of the couple must be able to demonstrate that any prior marriage has been terminated before submitting a K-1 petition.

I am the US citizen. I previously applied for a K-1 fiancé visa but the relationship fell apart. Can I file another K-1 fiancé visa for my new fiancé?

Yes. According to the Immigration Marriage Brokers Act of 2005, a US citizen can only petition for two K-1 visas. If the first marriage fails or never occurs, the US citizen must wait two years to apply for a new K-1 visa, even if it is on behalf of the same person.

I am the US citizen. I have a criminal background. Can I still file the K-1 fiancé visa?

Maybe. A US citizen who has been convicted under the Adam Walsh Act for certain offenses against a minor may not file a K-2 petition unless USCIS determines that the US citizen poses no risk to the foreign fiancé. If you have a criminal background, please reach out to a qualified immigration attorney before filing your K-1 petition.

I am an unemployed US citizen. Can I still file a K-1 fiancé visa?

You must demonstrate your financial ability to support your fiancé. To sponsor a K-1 visa, your income must meet or exceed 125% of the Federal Poverty Guidelines. The guidelines are updated each year and can be found USCIS’ website.

If the US citizen does not meet the minimum income requirements, they may be able to use a joint sponsor. A joint sponsor is a person who is willing to accept legal responsibility for supporting your K-1 fiancé and any accompanying family members as well as the joint sponsor’s own family.

It is important to note that not every consulate abroad will permit joint sponsorship when adjudicating a K-1 visa petition.

What is the difference between the I-134 and I-864 Affidavit of Support?

Two different affidavits of support are typically required of the US citizen.

Form I-134 is submitted to the consulate before the K-1 visa is issued. It aims to show that the K-1 fiancé will not become a public charge after entering the USA.

Form I-864 is submitted to USCIS with the I-485 application after the fiancé enters the USA and marries the US citizen. This form shows that the US citizen can financially support the K-1 holder after they obtain lawful permanent residence.

I have minor, unmarried children. Can they get a K visa too?

The K-2 visa is available to unmarried, minor children under 21 of an individual who qualifies for a K-1 fiancé visa. K-2 children are eligible to adjust status so long as they enter the USA before the age of 21 and their parent marries the US citizen within 90 days. It does not matter if the child turns 21 prior to the filing of the I-485 application.

Can my children come to the USA on a K-2 visa after I’ve already married my US citizen fiancé?

Yes. The child of a K-1 visa holder may be given K-2 status even after the K-1 visa holder has married the US citizen and acquired lawful permanent resident status.

However, the cutoff date for issuance of the child’s K-2 visa is one year from the date of issuance of the K-1 visa. The date of printing is considered the date of issuance.

After one year, the US citizen or the K-1 visa holder, if eligible, must file an I-130 petition under the appropriate category.

Do I need to file my I-485 Application within 90 days after I enter the USA?

No. You must marry your US citizen fiancé within 90 days. The application should be submitted in a reasonable time thereafter.

My fiancé and I had some hiccups. We did not marry within 90 days after she entered the USA. What do I do now?

If the K-1 fiancé and US citizen marry after 90 days, adjustment of status may still be permitted. Please reach out to a qualified immigration attorney to determine the best route for your case.

I entered on the K-1 visa. I am not sure that I want to marry my fiancé any longer. Can I change my status?

No. K-1 recipients cannot change status to another non-immigrant category or adjust status to permanent residency on any grounds other than marriage to the original US citizen.

How can I get started on this process?

If you do not know where to begin, it is recommended that you consult with an experienced Arlington immigration attorney. Contact us for a confidential consultation on your K-1 fiancé visa today.