K-1 fiancé(e) visa

Thanks to the K-1 fiancé(e) visa of an American citizen, an individual from abroad can be brought to the United States to marry in this country.

If you want to petition your fiancé(e), you are not alone, our immigration law firm in New Jersey will help you. Call us today and get the legal advice and representation you need to navigate the visa application process.

What you should know about the K-1 fiancé(e) visa in 2024

If you are an American citizen and want to bring your foreign fiancé(e) to the United States, you must file a foreign fiancé(e) petition with USCIS. Among the basic aspects of this visa are:

• To obtain the visa, the couple must intend to get married within a certain time. 
• Generally, the allotted time will be after the alien is admitted to the US as a K-1 nonimmigrant.
• The marriage must be valid and not have the sole purpose of obtaining an immigration benefit.
• If your fiancé(e) marries you within the specific time frame, you will be able to get the Green Card. 

It should be noted that if you have already married, plan to do so outside the US, or the national foreigners already reside legally in the US, they will not be eligible for a K-1 visa.

Definition of the K-1 Fiancé(e) Visa for the United States?

As its name indicates, the K-1 visa or fiancé(e) visa allows the fiancé or fiancée of an American citizen to enter the United States for the sole purpose of marrying the citizen.

This visa is only available to American citizens, so lawful permanent residents cannot apply for it.  

Can the children of the fiancé(e) of the American citizen travel to the United States with the fiancee visa?

Children of the fiancé(e) of an American citizen can travel to the United States with a K-2 visa, as long as they meet certain requirements. Besides:

• If your fiancé(e) has children under 21 and unmarried, they may be eligible to obtain a K-2 nonimmigrant visa. 
• To bring them to the US, children from abroad must be included on Form I-129F.
• They can travel together with their fiancé(e) or later, but not before the fiancé(e).
• Once you and your fiancé(e) marry within 90 days of your fiancé(e)’s admission to the US, your K-2 children can apply for a Green Card by filing Form I-485. 

Eligibility requirements to apply for the K-1 fiancé visa of an American citizen

To be eligible for the K-1 fiancé visa of an American citizen, you must meet the following requirements:

• Be a US citizen.
• Intend to marry within 90 days of your fiancé’s admission to the US.
• Be legally free to marry (no previous marriages in force).
• Have met your fiancé(e) in person at least once in the last 2 years before filing the petition. 

You may request a waiver of the requirement to meet in person if it violates your fiancé’s culture or poses an extreme hardship to you.

If you meet these requirements, your fiancé(e) will be able to obtain the K-1 nonimmigrant visa. If you are undocumented, we invite you to read our blog: “Can an undocumented immigrant get married in the US.”

How to apply for the K-1 fiancé(e) visa of an American citizen?

To apply for the K-1 fiancé(e) visa you must follow these steps:

Step 1: File the petition with USCIS to bring your fiancé(e)

You, as an American citizen, must submit Form I-129F to USCIS to begin the process. 

Please note that USCIS, when reviewing your petition, may request additional evidence. If the application is approved, it will be sent to the National Visa Center (NVC).

Step 2: Apply for the visa at the Department of State (DOS)

The NVC will send the approved petition to the US embassy or consulate where your fiancé(e) will apply for the visa.

Once done, the embassy or consulate will notify your fiancé(e) about an interview that he/she must attend. It is important to bring the required documents.

Step 3: Be inspected at a port of entry by CBP

Your fiancé(e) will travel to the US and seek admission at a port of entry. To do this, an officer from the United States Customs and Border Protection (CBP) will make the final decision on admission.

It is important that your fiancé(e) meets the requirements to enter the United States. Otherwise, they may run the risk of not entering the country.

Step 4: Get married in the United States

Once your fiancé(e) has been admitted, you will have 90 days to get married in the US.

Step 5: Adjust Status with USCIS

After you get married, your foreign spouse can apply for a Green Card by filing Form I-485 with USCIS. 

The agency will review the application and may require a marriage-based Green Card interview. If they do not pass it, they could go to a stokes interview.

If you were married less than 2 years at the time of approval, your spouse will receive a conditional permanent residence valid for 2 years.

How long does it take to process the American Citizen K-1 Fiance Visa?

The processing time for the K-1 fiancé visa varies, but generally can take between 10 to 16 months after filing Form I-129F. 

This period may be shorter for some cases and longer for others, depending on various factors and the agencies that manage each step of the process. 

It should be noted that errors or missing tests can cause significant delays or even denials. 

Can my fiancé(e) work in the US with a K-1 visa?

Your fiancé(e) can work in the US with a K-1 visa. Once admitted to the country with this visa, they may request evidence of employment authorization by submitting Form I-765. 

This authorization will be valid for 90 days after your admission to the US. Additionally, your fiancé(e) can apply for an employment authorization at the same time as submitting the Green Card application. 

How much does it cost to apply for the K-1 fiancé(e) visa for an American citizen in 2024?

The cost of applying for the K-1 fiancé(e) visa is as follows: 

• $675 for the visa petition (Form I-129F).
• $265 for Department of State processing ( Form DS-160 ). 
• Approximately $200 for the medical exam, although this amount may vary.

Additionally, if after arriving in the US you wish to adjust your status to lawful permanent resident, you will need to pay $1,440 for Form I-485 and $85 for biometric data.

Therefore, the estimated total to apply for the K-1 bride and groom visa would be around $2,665. This is not counting the cost of attorneys’ fees. 

What do they ask me in the interview for the K-1 fiancé(e) visa?

In the interview for the fiancée visa, the consular officer will focus on verifying whether the relationship with your foreign fiancé(e) is authentic. 

Generally, US citizens cannot attend this interview. Additionally, children with K-2 visas must accompany you to the appointment. 

The questions can vary, but will usually include personal information about you and your fiancé(e), as well as details about your relationship. Below we will give you some examples of possible questions you will ask your fiancé(e).

Sample questions for the K-1 fiancé(e) visa

Personal information

• What is your nationality?
• What do you do for a living?
• Have you received a K-1 visa before? If so, why?
• Have you ever been arrested?
• Have you been married before?
• Do you know the steps after your visa approval? 
• Have you been to the United States before?

These questions seek to identify any previous problems with US immigration or attempted fraud.

Questions about your Fiancee

• How old is your fiancé(e)?
• Where you live?
• What are the names of your fiance’s ex-spouses?
• Does your fiancé(e) live with anyone?
• Have you been married before?
• What do you like most about him/her?
• What hobbies or skills do you have?

Relationship history

• How did you meet?
• What do you like to do together?
• Do you know your fiance’s parents?
• Have you ever visited your fiancé(e) in the US?
• How was the proposal?
• Have you planned the wedding? If so, do you have any proof?
• Who will attend the wedding?

In this interview, we recommend that you trust in the strength of your relationship, be respectful and polite. Likewise, you must remain relaxed at all times. 

What happens if I don’t get married within 90 days of my fiance’s admission?

If you do not marry within 90 days of your fiancé’s admission, K-1 and K-2 statuses automatically expire and cannot be extended. 

In this case, your fiancé(e) and your children must leave the United States at the end of the 90 days. If they do not do so, they will be violating immigration law, which may result in deportation and negatively affect their future eligibility for other immigration proceedings.

Please note that if you marry your fiancé(e) after the 90-day period, you may file Form I-130 for a family petition to the United States. You can find more information in our blog: “ How do I bring my foreign spouse to the US.” 

Can I extend my K-1 fiancé visa?

No, it is not possible to extend the duration of your K-1 visa upon expiration after the allotted 90 days. This visa is also single-use.

What documents does a US citizen need to petition their fiancé(e)?

To petition your fiancé(e) for a K-1 visa, an American citizen generally needs the following documents:

• Proof of US citizenship.
• Copy of American passport.
• Proof of previous dissolved marriages, if applicable.
• Evidence of meeting in person within the last 2 years.
• Documents supporting any legal name change, if applicable.
• Affidavits and evidence from the couple indicating the intention to marry.
• Copy of the foreigner’s arrival and departure records (Form I-94), if applicable.
• Evidence supporting any exemption required by the International Marriage Broker Regulation Act (IMBRA Act), if applicable.
• A passport-style photo of each groom.
• Birth certificate and passport of the foreigner.
• Criminal record certificate obtained from the countries where the sponsored fiancé has lived for more than 6 months.
• Medical examination performed by an approved and sealed doctor, obtained by the sponsored fiancé(e) in their country of residence.
• Affidavit of Support (Form I-134) filed by the U.S. citizen.
• Most recent tax returns of the US citizen.

You can prove your American citizenship by presenting the certificate of citizenship. However, if you lost it, check our blog “I lost my US citizenship certificate”

How do I know if the K-1 fiancé(e) visa is right for me?

To determine if the K-1 visa is right for you, evaluate your scenario and needs. For example, if you want to quickly join your fiancé(e) in the US, the K-1 visa may be a viable option.

This is because it allows entry and marriage within 90 days, although the process can take at least 10 months.

What is the difference between the K-1 visa and the K-3 visa?

The difference between the K-1 visa and the K-3 visa lies in the relationship with the US citizen. For example: 

• The K-1 visa is for fiancés of American citizens who wish to get married in the US. 
• While the K-3 visa is for spouses of US citizens who are awaiting approval of their immigrant petition. 

It should be noted that both visas are only available to couples of US citizens.

What are K-3 and K-4 visas?

K-3 and K-4 visas allow the spouse and children of a US citizen to enter the US while awaiting approval of Form I-130. 

These visas were created to avoid family separation during the process. However, due to the reduction in Form I-130 processing times by USCIS, K-3 and K-4 visas are now less common.

Do I need a supporting affidavit for the K-1 visa?

No, you will not need to submit a supporting affidavit (Form I-864) to apply for the K-1 visa. However, you must submit it when applying for adjustment of status after you get married.

Do I Need the Help of an Immigration Attorney to Apply for a K-1 Visa?

Having the help of an immigration attorney can be really helpful throughout the process of applying for the K-1 visa. This is because you need to review the forms and documents submitted to avoid making any mistakes. 

Therefore, immigration attorneys like Curbelo and Lieberman know what steps and processes you will need to follow, saving you an arduous documentation process and giving you the peace of mind of not making mistakes in the application. 

Call our law firm at Curbelo Law today. Our office is located in Ridgewood, New Jersey, and we can also serve you virtually.