K-1 Visa for a Fiancé

Your fiancé may be able to enter the United States on a B visitor visa or visa waiver program. However, it’s highly discouraged and may even be fraudulent. The purpose of a B-2 visa is temporary visits for pleasure, not permanent immigration. By entering the United States with the preconceived intent to marry and then adjust status to permanent resident, a foreign national has violated the terms of the visa. A K-1 visa has a dual intent. The visa holder is allowed to apply for a green card.

After arriving in the U.S. on a K-1 visa, your fiancé can apply for an Employment Authorization Document (EAD) using Form I-765. However, approval may take several months, and it would only be valid during the 90 days of the K-1 visa. Alternatively, after marriage, your spouse can apply for a green card and receive an EAD through adjustment of status. (It's also less expensive at this stage.)

A K-1 visa holder is permitted to attend school.

Many people want to know if getting a fiancé visa or spouse visa is better. The answer depends on your needs. Everybody is different.

A K-1 visa for fiancés and a CR-1 visa for spouses each have their own benefits and disadvantages. For a more comprehensive analysis, read Fiancé Visa vs Spouse Visa: Which is Better?

Although there are some exceptions, you generally must have met your fiancé in person within the two years immediately before filing Form I-129F. That means that you and your fiancé must have been together in the same physical space, unless the U.S. citizen petitioner establishes that either:

• The requirement to meet in person would violate strict and long-established customs of the foreign national’s culture or social practice, and that any and all aspects of the traditional arrangements have been or will be met in accordance with the custom or practice; or
• The requirement to meet in person would result in extreme hardship to the U.S. citizen.

Waivers for this requirement are unusual. USCIS rarely grants waivers because so few couples are able to meet the stringent requirement of extreme hardship. If you require a waiver to the in-person meeting requirement, CitizenPath recommends that you prepare your Form I-129F with the assistance of an immigration attorney.

The fiancé visa process may take approximately 10-16 months from start to finish. This includes USCIS processing of Form I-129F, transfer to the National Visa Center, and the U.S. embassy interview. Processing times may vary depending on your location and case specifics. Planning ahead and submitting a complete petition helps avoid delays in the K-1 visa process. See what happens after filing Form I-129F in the K-1 Visa Processing Time.

Yes. If the foreign fiancé has minor children (unmarried and under age 21), they can generally immigrate as well. Upon approval, the child applicant receives a K-2 visa. K-2 children may enter the U.S. at the same time as the K-1 fiancé or shortly thereafter.

As long as the parent marries within 90 days and satisfies the other requirements to adjust status, any children may also adjust status to permanent resident at the same time.

Yes. To sponsor a K-1 fiancé(e), the U.S. citizen petitioner must have an income at least equal to 100% of the federal poverty guidelines, based on household size (petitioner, any dependents, the fiancé(e), and accompanying children). It is possible to use an alternate financial sponsor to file Form I-134, Declaration of Financial Support.

Want to know if you qualify? Try CitizenPath’s Visa Sponsor Income Calculator for a quick eligibility check.

Use Form I-134, Declaration of Financial Support, for the K-1 visa. It shows you can support your fiancé(e) if needed during their U.S. stay. A qualified supporter on Form I-134 generally has an income of at least 100% of the federal poverty guidelines. It is possible to use an alternate supporter.

Later, the petitioner must also file Form I-864, Affidavit of Support, when the foreign spouse applies for a green card. A qualified sponsor on the I-864 affidavit generally has an income of at least 125% of the federal poverty guidelines. Again, a joint sponsor can help.

Check your eligibility for each using CitizenPath’s Visa Sponsor Income Calculator.

No. The 90-day period cannot be extended. The K-1 visa terms stipulate that the beneficiary and petitioner marry within 90 days of the K-1 entry. If the couple does not marry within this time frame, the foreign national must depart the United States.

Failing to depart the U.S. will put the foreign national in violation of the terms of the visa, also called a visa overstay. Once the foreign national has overstayed a visa, there are potentially removable (deportable).

If the couple marries outside of the 90 days, it is generally possible to adjust status as an immediate relative (spouse of a U.S. citizen). However, this would require an additional petition fee (Form I-130) and may require the assistance of an attorney.