The K-1 Visa, Explained
UNDERSTAND THE INCOME REQUIREMENTS, COST, TIMELINE, AND PROCESS FOR THE K1 FIANCÉ VISA IN 2024
What is a K-1 Visa?
The K-1 fiancé(e) visa allows the foreign fiancé(e) of a U.S. citizen to come to the U.S. and get married within 90 days. It’s a nonimmigrant visa, allowing a temporary stay in the U.S., not permanent residency. After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
- Cost: As of 2024, the K-1 visa application requires an initial fee of $675 for Form I-129F. After marriage, the green card application can cost up to $3,005.
- Income Requirement: To sponsor a K-1 visa, your income must meet or exceed 100% of the Federal Poverty Guidelines. In 2024, for a household of two people (you and your fiancé(e)), this is at least $20,440.
- Denial Rate: 24% of K-1 visa applications were denied in FY2023, up from 19% in FY2022.
K-1 Visa Processing Time
As of May 27, 2024, the processing time for a K-1 application (Form I-129F) is several months. After approval, USCIS forwards the case to the National Visa Center (NVC), which can take four to six weeks.
Why is this timeline different from the processing times published by USCIS?
USCIS publishes historical application processing times quarterly. The latest report indicates an average wait time of 12.2 months for a K-1 visa.
K-1 visa eligibility
The K-1 fiancé(e) visa allows a U.S. citizen to sponsor their foreign partner to enter the United States legally. Both partners must prove they plan to marry within 90 days after the foreign fiancé(e) arrives in the U.S.
Income Requirements
To sponsor a K-1 visa, your income must meet or exceed 100% of the Federal Poverty Guidelines. For a household of two in 2024, this means at least $20,440. Active-duty military members must meet a slightly higher income threshold, usually 125% of the Federal Poverty Guidelines.
Adding a Joint Sponsor
If you don’t meet the income requirement, you can add a joint sponsor to your application. This is a friend or family member in the U.S. with enough income to support you and your fiancé(e).
Application Process for K-1 Visa
For the U.S. Citizen Sponsor:
- Start by submitting Form I-129F, Petition for Alien Fiancé(e), with the required documents and filing fee to USCIS.
- Provide Proof of Relationship:
- Include evidence such as photos, communication records, and travel itineraries showing in-person meetings.
- Once approved, your case is sent to the National Visa Center and then to the U.S. embassy/consulate in your fiancé(e)’s country. Fill out Form I-134, Affidavit of Support.
- Support Your Fiancé(e):
- Assist in gathering required documents, preparing for the visa interview, and possibly undergoing a medical exam.
- Marry within 90 days of your fiancé(e)’s arrival in the U.S. To apply for a marriage green card, you must also meet specific income requirements.
For the Foreign Fiancé:
- Wait for I-129F Approval:
- Approval typically takes about three months.
- After USCIS approval, follow instructions to complete the online visa application, Form DS-160.
- Gather Documents:
- Compile necessary documents like your passport, birth certificate, and police certificates.
- Undergo a Medical Exam:
- Schedule and attend an exam with an authorized physician.
- Attend a Visa Interview:
- Schedule an interview at your country’s U.S. embassy or consulate. The consular officer will review your application and interview you.
- Travel & Get Married:
- If approved, travel to the U.S. within six months and marry within 90 days of arrival.
- Apply for Adjustment of Status:
- After marriage, apply to adjust your status to become a lawful permanent resident.
Note: Same-sex partners are eligible to apply for a K-1 visa, regardless of the laws in the fiancé’s home country.
What is the 2-year rule for a K-1 visa?
Couples must provide proof that they’ve met in person at least once within the two years before submitting Form I-129F. Exceptions may apply if meeting in person conflicts with cultural traditions or causes severe hardship.
K-1 visa costs
The current total cost for a K-1 fiancé visa is approximately $800. This includes:
- Form I-129F Fee:
- $675 (USCIS offers a $50 discount for online filing).
- Medical Exam:
- Approximately $200.
- Visa Application Fee:
- $265, usually paid at the interview.
The K-1 Visa Application Process: Step-by-Step
Step 1: Form I-129F
The U.S. citizen fiancé starts the process by filing Form I-129F, Petition for Alien Fiancé(e), with USCIS. This form proves that the relationship is valid.
- Documents to Include with Form I-129F:
- Proof of U.S. citizenship (passport copy, certificate of naturalization, or birth certificate)
- A copy of the foreign fiancé’s passport
- Evidence of the relationship (photos, travel itineraries, letters from family and friends, emails, text messages, etc.)
- Proof of in-person meetings within the last two years (flight bookings, hotel itineraries, pictures, emails, etc.)
- Sworn statements from both partners declaring their intent to marry within 90 days of arrival
- Copy of all previously issued Form I-94 arrival/departure records
- One passport-style photo of the U.S. citizen fiancé and one passport-style photo of the foreign partner
Evidence of Relationship in the Digital Era
- Consider including digital evidence like:
- Screenshots of social media interactions (posts, public displays of affection, chat histories)
- Logs of digital communication (WhatsApp, Messenger, etc.)
- Shared digital experiences (online gaming, shared subscriptions, collaborative projects)
After filing, USCIS will typically send a receipt notice within 30 days. If more information is needed, USCIS may send a Request for Evidence (RFE). Once approved, USCIS will send an approval notice.
Step 2: Form DS-160 and Interview
Once USCIS approves the I-129F form, the case is forwarded to the U.S. Department of State. The sponsored fiancé will receive a notice from the U.S. embassy in their home country with details on the visa interview and required documents.
Understanding the DS-160
The DS-160 form is the actual K-1 visa application. After completing it online, don’t forget to print the confirmation page.
Required Documents:
- Sponsored Fiancé Documents:
- Two passport-style photos
- Birth certificate
- Valid, unexpired passport
- Police clearance from all countries of residence since age 16
- Sealed medical exam form
- U.S. Citizen Fiancé Documents:
- Most recent tax returns
- Proof of relationship (copy of the approved I-129F package)
The K-1 Visa Interview
The interview takes place at the nearest U.S. embassy or consulate, usually about 4–6 weeks after the initial notice. The interviewing officer will typically make a decision on the case either on the day of the interview or shortly afterward.
Step 3: Arrival and Marriage
Once the K-1 visa is approved, the sponsored fiancé has six months from the date of approval to travel to the United States. The couple must marry within 90 days of arrival.
If the couple decides not to get married, the sponsored partner must leave the U.S. immediately. The K-1 visa does not allow for a change to another travel visa or adjustment to a marriage-based green card with anyone other than the original sponsor.
After marriage, the final step is to apply for a marriage-based green card.
K-1 visa FAQs
Yes, but only if, after you arrive in the U.S., you apply and are approved for a work permit by completing Form I-765 (Application for Employment Authorization).
Like the K-1 visa, this employment authorization is only valid for 90 days, starting when you arrive in the U.S.
If you choose to apply for permanent residency after you arrive and file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can include Form I-765 with your application. This would grant you work authorization for one year.
No. The K-1 visa automatically expires after 90 days.
No. The K-1 visa is only open to the fiancés of U.S. citizens. If your partner is a green card holder, they will only be able to petition for your entry if you are already married.
After you’ve entered the U.S. on a K-1 visa and married your partner, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident. Itseasydocs has prepared a guide to adjusting your status, so you can understand the next steps in this process.
Yes, you will need to submit Form I-134 when applying for a K-1 visa.
If you are the fiancé of a U.S. citizen, you can apply for a K-1 visa. If you are the spouse of a U.S. citizen, historically you could apply for a K-3 visa. In recent years, the K-3 visa has been issued on a case-by-case basis. The common path for married couples when one partner lives abroad is the CR-1 spousal visa, which is available to partners of U.S. citizens and green card holders.
According to USCIS, consular posts have been authorized to prioritize K visas. You should check the website of your nearest U.S. Embassy or Consulate for the latest information.
If your U.S. citizen partner has filed Form I-129F (Petition for Alien Fiancé(e)) for you and this petition is set to expire, you may be able to extend the form and avoid having to file a new petition.