The K-1 visa is a U.S. nonimmigrant visa created for foreign fiancés of U.S. citizens who wish to come to the United States to get married. One of the most important K-1 visa requirements is that the couple must legally marry within 90 days of the foreign fiancé’s arrival.
At Green Card Link, its immigration attorneys help couples navigate every step of the process—from filing Form I-129F (Petition for Alien Fiancé) to meeting eligibility and financial requirements. Below, our immigration attorneys answer some of the most common questions about the K-1 visa, including processing time, travel rules, and income thresholds. Schedule a consultation today to begin the process of bringing your fiancé to the U.S.
Who Qualifies for a K-1 Fiancé Visa?
A U.S. citizen can sponsor their foreign-born fiancé for a K-1 visa to allow them to enter the U.S. and get married. To be eligible, both individuals must meet the following criteria:
- The sponsor must be a U.S. citizen.
- The couple must intend to marry within 90 days of the fiancé’s entry.
- Both partners must be legally single and free to marry.
- The couple must have met in person within the past two years before filing the petition (certain exceptions may apply).
Validity and Duration of the K-1 Visa
The K-1 visa is a temporary, single-entry visa valid for six months from the date it is issued. Once the foreign fiancé enters the U.S., the couple has 90 days to marry. If the marriage does not occur within that timeframe, the foreign national must leave the country.
Overstaying a K-1 visa by more than six months may result in serious immigration penalties, including a potential 10-year re-entry ban. Because of the complexity of these rules, consulting an immigration attorney at Green Card Link can help you stay compliant with U.S. immigration law.
What Happens If We Marry After the 90-Day Period?
If the couple marries after the 90-day window has passed, the U.S. citizen must file Form I-130 (Petition for Alien Relative) to begin the spousal visa process. The immigration attorneys at Green Card Link can guide you through this transition and ensure proper filing.
Is There an Annual Cap on K-1 Visas?
Unlike many other U.S. visa categories, the K-1 visa does not have an annual cap. This means there is no government-imposed limit on the number of K-1 visas issued each year, allowing applicants to avoid the long waiting periods often associated with other visa types.
Can Same-Sex Couples Apply for a K-1 Visa?
Yes. Same-sex couples are fully eligible for the K-1 fiancé visa, even if same-sex marriage is not recognized in the foreign partner’s home country. The eligibility criteria are identical for all couples: proof of meeting in person within the last two years and clear evidence of a genuine relationship.
Applicants must provide documentation such as photos, correspondence, travel records, and statements from family and friends. Form I-129F is then filed with USCIS. To avoid costly delays or errors, Green Card Link’s immigration attorneys can assist you in preparing a strong and complete application package.
If I Already Live in the U.S., Do I Still Need a K-1 Visa?
If the foreign partner is already legally in the U.S., applying for a K-1 visa may not be necessary. In such cases, the couple can marry and proceed directly with an adjustment of status or spousal visa application. The immigration attorneys at Green Card Link can help determine the most effective and lawful path for your unique circumstances.
Do I Need to Be Sure About Marriage Before Applying?
The K-1 visa requires a genuine intent to marry within 90 days of entry. If you are still uncertain about marriage, it is best to wait until you are sure before beginning the application process. Filing without a firm commitment may lead to denial or complications later.
K-1 Visa Income Requirements
To sponsor a fiancé under the K-1 visa, the U.S. citizen must meet certain income requirements set by the Department of Health and Human Services (HHS) under the federal poverty guidelines. This ensures the sponsor can financially support their fiancé and any dependents without relying on public assistance.
The sponsor’s annual income must be at least 100% of the HHS poverty guideline for their household size. Income from other household members may count if they are listed as dependents on tax returns or have lived with the sponsor for the past six months.
Below are the 2022 minimum income requirements for households in the 48 contiguous states and the District of Columbia:
Household Size | Minimum Annual Income |
1 | $12,880 |
2 | $17,420 |
3 | $21,960 |
4 | $26,500 |
5 | $31,040 |
6 | $35,580 |
7 | $40,120 |
8 | $44,660 |
For each additional person, add $4,540. Applicants residing in Alaska or Hawaii must meet slightly higher thresholds due to the higher cost of living. You can find the most current guidelines on the official HHS website.
What If I Can’t Meet the K-1 Visa Income Requirement?
Meeting the income requirement is one of the key conditions for obtaining a K-1 fiancé visa. However, if your income falls short, there are still options available.
You may either use your assets or find a joint sponsor to bridge the gap. When relying on assets, they must be worth at least three times the difference between your household income and the required minimum income level.
For example, suppose you live in Georgia with three other household members. The minimum income requirement would be $21,960. If your total household income is $15,000, you would need to make up the $6,960 shortfall. This means your assets should total $20,880 (three times the difference). Eligible assets may include real estate, vehicles, savings accounts, stocks, or bonds.
If your assets do not meet the threshold, a joint sponsor can help. A joint sponsor agrees to share legal responsibility for financially supporting your fiancé and must independently meet the federal poverty guidelines. Importantly, the joint sponsor does not need to be related to your fiancé.
What If I Haven’t Met My Fiancé in Person?
One of the most crucial K-1 visa requirements is that the couple must have met in person within the past two years. However, USCIS allows limited exceptions.
If meeting in person conflicts with deeply held religious customs or is prevented by a serious medical condition, you may request a waiver. In such cases, you must provide strong documentation showing that meeting in person would violate established religious principles or that a medical condition makes travel impossible. Please note that financial hardship alone is generally not sufficient grounds for an exemption.
Read how one couple, guided by the immigration attorneys at Green Card Link, successfully obtained a K-1 visa while honoring their religious beliefs.
➡️ [K-1 to Green Card for a Religious Couple]
Can My Children Come with Me on a K-1 Visa?
Yes. Under U.S. immigration law, the foreign-born partner’s unmarried children under 21 may apply for K-2 visas to accompany their parent to the United States. After the couple marries, the children can also apply for green cards through adjustment of status.
Step-by-Step Process for a K-1 Visa
- Meet in person within the last two years (unless exempt).
- Collect relationship evidence—such as photos, travel tickets, letters, chat logs, passport stamps, and hotel receipts.
- File Form I-129F (Petition for Alien Fiancé) with USCIS. Include all relationship evidence and a $535 filing fee payable to the U.S. Department of Homeland Security.
- After approval, the foreign fiancé applies for the K-1 visa at their local U.S. embassy or consulate.
- Submit Form DS-160 electronically and pay the required nonimmigrant visa fee. Each person entering the U.S., including children, must have their own DS-160 form.
- Undergo a medical examination by an embassy-approved physician and provide a police certificate confirming a clean record.
- The U.S. citizen petitioner sends Form I-134 (Affidavit of Support) and their most recent tax return (with W-2s) to the foreign partner to demonstrate financial eligibility.
- Attend the visa interview at the U.S. consulate, where a consular officer will assess the relationship’s authenticity.
- Upon approval, the fiancé can enter the U.S. and must marry within 90 days of arrival.
- After marriage, apply for Adjustment of Status to obtain a lawful permanent resident (green card). Because this process involves additional fees and documentation, consulting an immigration attorney at Green Card Link is strongly recommended to ensure compliance and accuracy.
K-1 Visa Processing Time
Processing times vary depending on USCIS workload and the U.S. embassy or consulate handling your case. On average, it may take 6–9 months for USCIS to process Form I-129F, plus an additional 4–6 weeks for interview scheduling.
Processing Center | Estimated Time |
California Service Center | 6–8 Months |
Vermont Service Center | 21.5–27.5 Months |
(Based on USCIS Processing Times. Timelines may change without notice.)
Documents Required for the DS-160 (Foreign Fiancé)
The foreign fiancé must submit:
- Birth certificate
- Valid passport (at least 6 months beyond intended stay)
- Two passport-sized photos
- Evidence of a completed medical exam by an approved doctor
- Certified police records
- Divorce or death certificates for any previous marriages (for both partners)
The U.S. citizen petitioner must provide:
- Form I-134 (Affidavit of Support)
- Recent tax return
Proof of relationship, including the approved I-129F petition package
Understanding K-1 Visa Costs and the Process
How Much Does the K-1 Visa Cost?
When applying for a K-1 fiancé visa, several costs must be considered. The first fee is the Form I-129F filing fee, which is $535. This payment is the responsibility of the U.S. citizen partner. If the U.S. citizen has already submitted Form I-130 (Petition for Alien Relative), there is no additional cost for filing the K-3 petition.
Additional expenses include travel costs for the foreign fiancé to attend the required visa interview at the nearest U.S. Embassy or Consulate. These costs can vary depending on travel distance. You should also account for legal service fees if you decide to work with immigration attorneys at Green Card Link, who can guide you through every stage of the process.
How to Prepare for the K-1 Visa Interview
The K-1 visa interview plays a vital role in the overall approval process. USCIS and the U.S. Embassy aim to confirm that the relationship between the partners is genuine and not solely for immigration benefits.
During the interview, a consular officer will ask questions to assess your relationship and intentions. Expect questions about how you met, your wedding plans, your partner’s hobbies and interests, and other personal details. It’s crucial to answer truthfully and confidently—never guess or fabricate an answer. If you’re unsure, it’s perfectly acceptable to say, “I don’t know.”
The interview typically lasts around 20 minutes, and the U.S. citizen partner is not required to attend. Arrive at least 15 minutes early, dress appropriately, and bring all necessary documents. Proper preparation with immigration attorneys at Green Card Link can greatly increase your chances of success.
Common K-1 Visa Interview Questions
Below are some examples of questions you may be asked during your K-1 visa interview:
- What is your partner’s full name?
- How old is your fiancé?
- How did you meet?
- What are your fiancé’s hobbies?
- Where does your partner live?
- Do you have any family in the U.S.?
- Have you ever applied for a K-1 visa before?
- Have you ever been married or have children?
- Have you ever been denied a visa?
- Have you ever been arrested or convicted of a crime?
Preparing for these types of questions can help you feel more confident on the day of your interview.
Should My Children Attend the Interview?
If the foreign fiancé has children who will also immigrate to the United States under K-2 visas, they must attend the interview as well. Each applicant, including children, will be assessed individually.
Common Red Flags in K-1 Visa Applications
Consular officers look for signs that may suggest a relationship is not genuine. Common red flags include:
- A large age difference between partners
- Inability to communicate in a shared language
- Lack of in-person meetings
- Contradictory answers between partners
- A history of previous K-1 sponsorships by the U.S. citizen fiancé
While these factors don’t automatically result in denial, they may trigger additional scrutiny. Consulting with an immigration attorney at Green Card Link before your interview can help address and mitigate any potential issues.
What Happens After Marriage?
Once the couple marries, the foreign spouse must apply for Adjustment of Status (Form I-485) to become a lawful permanent resident. K-1 and K-2 visa holders can also file for an Employment Authorization Document (EAD), allowing them to work legally in the U.S.
After receiving the EAD and holding a valid I-94 record, the new spouse can apply for a Social Security Number. Be sure to bring your marriage certificate when applying, and wait until your EAD is approved to avoid processing delays.
The immigration attorneys at Green Card Link can assist with all paperwork, ensuring a smooth transition from fiancé visa holder to permanent resident.
Is a Medical Exam Required for Adjustment of Status?
A new medical examination is generally not required if you already completed one for your K-1 visa within the past year, did not have a Class A medical condition, and filed for Adjustment of Status (Form I-485) within one year of the original exam. If you have a medical condition, you may need to obtain a waiver of inadmissibility.
How Many Times Can Someone File for a K-1 Visa?
If a U.S. citizen has filed two or more K-1 petitions in the past or had an approved K-1 petition within the last two years, they must apply for a waiver. The immigration attorneys at Green Card Link can explain the eligibility requirements and help prepare a strong waiver application.
Consequences of a Fraudulent Marriage
Marriage fraud is a serious offense under U.S. immigration law. If proven guilty, individuals can face severe penalties, including fines, imprisonment, and permanent bars from future immigration benefits. The U.S. government treats these cases with the utmost seriousness—so always ensure your petition is based on a genuine, bona fide relationship.
Green Card Link Makes Fiancé Visas Simple and Stress-Free
Applying for a K-1 visa can feel overwhelming, but the immigration attorneys at Green Card Link make the process simple and manageable. With extensive experience and a strong record of K-1 visa approvals, the team at Green Card Link helps you prepare your petition, organize documentation, and get ready for your interview.
If you have questions or need personalized guidance, schedule a consultation today with an immigration attorney at Green Card Link and take the first step toward uniting with your loved one in the United States.