As a U.S. citizen, immigration law gives you the opportunity to sponsor your fiancé(e) for a K-1 nonimmigrant visa, allowing them to enter the United States so you can marry and begin your life together. Once you’re married, you can take the next step and sponsor your spouse for a Green Card (permanent residency) and, later, U.S. citizenship.
At Green Card Link, its immigration attorneys can guide you through every stage of the K-1 visa process — from filing the petition to preparing for the embassy interview — to help you reunite with your loved one faster and with confidence.
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K-1 Visa Requirements: Who Is Eligible?
Before filing, both the U.S. citizen petitioner and the foreign fiancé(e) must meet specific eligibility criteria:
- The petitioner must be a U.S. citizen. (Note: lawful permanent residents cannot sponsor a fiancé(e) visa.)
- Both partners must be legally free to marry.
- You must intend to marry within 90 days of your fiancé(e)’s arrival in the United States.
- The relationship must be genuine, not solely for immigration benefits.
- You must have met in person at least once within two years of filing. Evidence such as photos, travel records, hotel bookings, or communications helps prove this.
- You must meet minimum income requirements, showing that your household income is above the federal poverty line.
If you’re unsure whether you qualify, the immigration attorneys at Green Card Link can assess your case and help you gather the necessary documentation to strengthen your petition.
K-1 Visa Process Timeline: Step-by-Step Breakdown
Step 1: File Form I-129F, Petition for Alien Fiancé(e)
The K-1 process begins when the U.S. citizen petitioner files Form I-129F with USCIS. This petition asks immigration authorities to recognize the relationship and confirms your eligibility to bring your fiancé(e) to the U.S.
You must demonstrate that your relationship is authentic and that both of you intend to marry within 90 days of your fiancé(e)’s arrival. USCIS will conduct background checks to verify the information provided.
Step 2: Receive the USCIS Notice of Receipt
Once your petition is filed, USCIS will issue a Notice of Action (Form I-797C) acknowledging receipt — typically within 2 to 3 weeks.
If the petition is incomplete or missing documents, you may receive a Request for Evidence (RFE) or even a rejection notice, which can delay the process. To prevent this, it’s crucial to have your filing reviewed by experienced immigration attorneys at Green Card Link, who ensure all required documents and evidence are submitted correctly the first time.
Step 3: USCIS Processing and Approval (5–7 Months)
After receiving your petition, USCIS will review and process your Form I-129F to verify both parties’ eligibility. This stage typically takes 5 to 7 months.
Once approved, you’ll receive the Notice of Action 2 (NOA2) — an official one-page approval notice. USCIS then forwards your approved petition to the National Visa Center (NVC), which will transfer your case to the U.S. embassy or consulate in your fiancé(e)’s home country for the next steps.
Step 4: Apply for the K-1 Visa and Prepare for the Interview
After the embassy receives the case, your fiancé(e) will be instructed to complete the online Form DS-160, the official nonimmigrant visa application. The confirmation page (with barcode) must be printed and brought to the visa interview.
The embassy will schedule a medical examination and interview — usually within 2 to 8 weeks, depending on their caseload. A letter with the date, time, and required documents will be sent to your fiancé(e). It’s vital to arrive prepared, with all requested materials, including proof of relationship, financial documents, and the DS-160 confirmation page.
Step 5: Visa Decision and Entry to the U.S.
If the K-1 visa is approved, your fiancé(e) can enter the United States within the visa’s validity period. Once they arrive, you must marry within 90 days to maintain compliance with immigration regulations. After marriage, your spouse can apply for adjustment of status to become a permanent resident (Green Card holder).
Preparing for Your K-1 Visa Interview: What to Expect
Attending your K-1 visa interview is a critical step in your immigration journey. This is the first opportunity immigration officers will have to meet and evaluate you as a visa applicant, so preparation is essential.
Because of past instances of fraudulent marriages used to gain U.S. entry, the U.S. government gives K-1 visa interviews special scrutiny. Immigration officers will focus on verifying the authenticity of your relationship. Expect detailed questions about how you met your U.S. citizen fiancé(e), how long you have been together, and your plans for the future. They may also ask whether you have ever been arrested or involved in any legal proceedings.
Typically, only the foreign fiancé(e) and qualifying family members are allowed to attend the interview—the U.S. citizen petitioner is not permitted to be present. The interview generally lasts about 20 to 30 minutes. To strengthen your case, bring documentation proving your relationship and wedding plans, such as invitations, receipts, or photos.
If the consular officer determines that your relationship is genuine and all requirements are met, you will be granted a K-1 nonimmigrant visa valid for six months with a single entry allowance. You must travel to the United States within that timeframe to continue the process.
Traveling to the United States on a K-1 Visa
Once your K-1 visa is issued, you can plan your trip to the U.S. to join your future spouse. Keep in mind, however, that the visa itself does not guarantee entry. At your port of entry—whether an airport or border crossing—U.S. Customs and Border Protection (CBP) will inspect your documents, ask questions about your visit, and collect your biometrics (including fingerprints and a digital photo). Final admission is granted at their discretion.
Marriage Deadline: The 90-Day Requirement
After entering the U.S. on a K-1 visa, you must marry your U.S. citizen fiancé(e) within 90 days. Failing to do so violates U.S. immigration law and can lead to deportation, as well as future visa ineligibility. The 90-day rule is strictly enforced, so it is vital to plan ahead and ensure your wedding takes place within that window.
Applying for a Green Card After Marriage
Once married, you can begin your green card application process to establish permanent residence in the United States. The U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) along with Form I-485 (Application to Adjust Status).
If approved, your spouse will receive a conditional green card valid for two years. After this period, you can apply to remove the conditions and obtain a 10-year permanent green card—provided your marriage is still ongoing. Later, you may also become eligible for U.S. citizenship through naturalization.
K-1 Visa Denial: What Happens Next
If your K-1 visa application is denied, it is usually because the consular officer was not convinced that your relationship is legitimate. When this happens, your Form I-129F is returned to USCIS after it expires. You may reapply by filing a new petition, but it is crucial to first understand why your previous application was denied.
The immigration attorneys at Green Card Link can evaluate your case, identify the reason for denial, and help you rebuild a stronger application that meets all legal and evidentiary requirements.
How the Immigration Attorneys at Green Card Link Can Help
At Green Card Link, its immigration attorneys specialize in helping couples successfully navigate the K-1 visa process. From preparing your application to guiding you through the interview, they provide personalized legal assistance to prevent common mistakes that could lead to delays or denials.
Whether you are applying for the first time or refiling after a denial, the immigration attorneys at Green Card Link are committed to helping you reunite with your fiancé(e) in the United States. Schedule a consultation today and take the first step toward your future together.