Requirements

To successfully petition for a K-1 visa, the U.S. citizen must meet specific eligibility criteria:

• U.S. Citizenship – The petitioner must be a U.S. citizen (not a permanent resident).

• In-Person Meeting – The couple must have met face-to-face at least once within the two years prior to filing the petition. Video calls and virtual communication usually do not satisfy this requirement. A waiver may be available if in-person meetings conflict with long-standing cultural practices or if meeting poses extreme hardship.

• Freedom to Marry – Both parties must be legally single, divorced, or widowed at the time of filing. If either partner’s divorce is pending, the application cannot proceed until it is finalized.

• Financial Stability – The U.S. citizen must demonstrate they can financially support their fiancé(e) at or above 100% of the federal poverty guidelines. Co-sponsors or assets may be used to meet this requirement.

• Background Check – The petitioner’s criminal history may be reviewed, especially if there are convictions for serious offenses. A waiver may be required for applicants with multiple drug- or alcohol-related convictions.

Role of the U.S. Citizen in the Process

A foreign fiancé(e) cannot apply for the K-1 visa independently. The application must be initiated by the U.S. citizen through a formal petition submitted to U.S. Citizenship and Immigration Services (USCIS).

Fiancé Visa Wait Times

Usually, it takes USCIS about 12 months to process K-1 fiancé visas, though several factors may affect your wait time.

• Once your K-1 petition is submitted to USCIS, it takes between 1 to 3 weeks to receive a receipt notice and case number confirming your application is in process.

• USCIS typically takes 4 to 12 months to review and process K-1 visa applications. Once the review is complete, you will receive a formal decision notice.

• After approval, USCIS forwards the petition to the National Visa Center (NVC), which conducts an additional review and facilitates the transfer of your case to the U.S. embassy in your fiancé’s country. This transfer process usually takes a few days.

• Our team promptly prepares the necessary documents for the embassy stage, including the Form I-134 (Affidavit of Support) and the Form DS-160 (Nonimmigrant Visa Application), ensuring that everything is completed efficiently to keep the process moving forward.

• Approximately two months after the NVC transfer, the U.S. embassy will contact your fiancé to schedule an immigration interview. Please note that the K-1 visa issuance fee typically must be paid before the interview can take place.

• Once the interview is scheduled, your fiancé will need to arrange a medical examination. Since the availability of medical appointments can impact the overall timeline, it is advisable to secure an appointment as soon as possible to avoid unnecessary delays.

After Visa Approval:
Next Steps

Upon receiving the K-1 visa, the fiancé(e) can travel to the U.S. but must do so within six months of issuance. After entering the U.S., the couple must marry within 90 days. Failure to marry within this period invalidates the visa, and the fiancé(e) may be required to leave the country.

Adjustment of Status: Applying for a Green Card

Following the marriage, the foreign spouse can apply for adjustment of status by submitting Form I-485 (Application to Register Permanent Residence or Adjust Status). This application initiates the green card process, allowing the spouse to stay in the U.S. while USCIS processes the request.

Initially, the spouse receives a conditional green card valid for two years.

To remove the conditions, the couple must jointly file Petition to Remove Conditions on Residence within the 90 days before the conditional green card expires. Successful removal of conditions results in a 10-year green card.

What Happens if I Overstay or Fail to Marry?

If the couple does not marry within the 90-day window, the K-1 visa holder is expected to depart the U.S. immediately. Overstaying can lead to removal proceedings and affect future visa eligibility. It is crucial to adhere strictly to the timeline to avoid complications.

Fiancé Visa Interview: What to Expect

During the embassy interview, the fiancé(e) will answer questions about their relationship, how they met, and future plans. The consular officer’s goal is to ensure the relationship is authentic and not intended solely for immigration benefits.

Tips for a Successful Interview:

• Bring photos, travel itineraries, and messages exchanged during the relationship.

• Be honest and consistent with answers.

• Prepare for detailed questions about personal aspects of the relationship.

K-3 vs. K-4 Visas

K-3 visas are issued to spouses of U.S. citizens, while K-4 visas are for their unmarried children under 21 who accompany them. These visas are available to family members for whom an I-130 petition has already been filed.

The application process, which typically takes 4 to 6 months, begins by filing Form I-129F. Once approved, visa holders can enter the U.S. and await the final approval of their immigrant visa. The K-3/K-4 visas are valid for two years, can be used for multiple entries, and may be extended if necessary.