The K-1 visa, commonly known as the fiancé(e) visa, allows the foreign fiancé(e) of a U.S. citizen to legally enter the United States for the purpose of marriage. Once the foreign partner arrives, the couple must marry within 90 days of entry. After marriage, the foreign spouse can apply for lawful permanent residency (the green card process). This pathway not only reunites couples more quickly but also provides a clear route to permanent residence and future U.S. citizenship.
At Green Card Link, its immigration attorneys are committed to making the K-1 visa process smooth and efficient, helping couples navigate every step with confidence and clarity.
K-1 Visa Benefits and Key Requirements
One of the most common questions about the K-1 visa is: What happens if the couple doesn’t marry within the 90-day window?
According to U.S. Citizenship and Immigration Services (USCIS), if the marriage does not take place within 90 days, the foreign fiancé(e) and any accompanying children lose eligibility to adjust their status and must leave the country. Remaining in the U.S. beyond six months after the visa expires can result in a reentry ban of up to 10 years.
However, if the couple marries within the required timeframe, the U.S. citizen spouse can immediately file Form I-485 (Application to Adjust Status) on behalf of their foreign partner. This allows the new spouse to obtain work authorization, travel permits, and eventually permanent residency.
The K-1 visa also gives couples a 90-day period to spend time together before committing to marriage, offering a valuable opportunity to ensure compatibility before making a lifelong decision. For couples who are already certain, it may be more practical to marry first and then apply for a CR-1 or IR-1 spousal visa.
If you’re considering bringing your fiancé(e) to the U.S., the immigration attorneys at Green Card Link can help you choose the best path for your situation.
K-1 Visa Application Process: Step-by-Step Overview
To qualify for a K-1 visa, the couple must have met in person within the past two years before filing the petition. Once this requirement is met, the U.S. citizen (the petitioner) must file Form I-129F, Petition for Alien Fiancé(e), with USCIS.
The petitioner must provide proof of U.S. citizenship (such as a passport or birth certificate) along with evidence of a bona fide relationship, including correspondence, photos, and travel records. These documents demonstrate the genuine intent to marry.
Processing times for the I-129F typically range from five to seven months. After submission, USCIS sends a receipt notice within two to three weeks and may later request additional evidence.
Once USCIS approves the petition, it forwards the case to the National Visa Center (NVC), which then sends it to the U.S. embassy or consulate in the fiancé(e)’s home country. The foreign fiancé(e) must complete Form DS-160, pay the required fees, and schedule a visa interview and medical exam. The consulate or embassy will provide detailed instructions about the next steps.
K-1 Visa Income Requirements and Financial Sponsorship
Financial stability is a crucial part of the K-1 visa process. The U.S. citizen petitioner must submit Form I-134, Affidavit of Support, to demonstrate the financial ability to support the foreign fiancé(e).
USCIS evaluates this form based on the U.S. Department of Health and Human Services (HHS) poverty guidelines. The petitioner must show sufficient income or assets to ensure the fiancé(e) will not become a public charge.
After the marriage and while filing for adjustment of status (Form I-485), the petitioner must submit Form I-864, Affidavit of Support, which has a higher income threshold—125% of the HHS poverty guideline. This demonstrates the ongoing ability to financially support the spouse after they become a permanent resident.
The immigration attorneys at Green Card Link guide petitioners through each step of this process, ensuring all income documentation and forms are correctly prepared and filed to avoid unnecessary delays or denials.
The K-1 Visa Interview: What You Need to Know
The K-1 fiancé(e) visa interview is one of the most critical steps in obtaining approval, so attending the interview at your scheduled date and time is absolutely essential. Only the foreign fiancé(e) is allowed to attend—the U.S. citizen petitioner cannot be present.
During the interview, a consular officer reviews your application, supporting documentation, and responses to determine whether to approve the K-1 visa. To ensure a smooth process, it’s important to bring the required documents, which typically include:
- Birth certificate
- Medical examination report
- Divorce decrees or death certificates (for either fiancé(e), if applicable)
- Evidence of financial support (Form I-134, Affidavit of Support, may be required)
- Two U.S. passport-style photos
- Proof of relationship (photos, correspondence, etc.)
- Form DS-160, Nonimmigrant Visa Application
- Valid passport
- Visa fee receipt
Be sure to review our guide on common K-1 visa interview questions to better prepare. Once approved, you have six months to travel to the United States. However, note that a Customs and Border Protection (CBP) officer at the port of entry has final discretion to admit or deny entry—even with an approved visa.
Common Reasons for K-1 Visa Denials
While many couples successfully secure a K-1 visa, not all applications are approved. Approval rates have decreased in recent years—from around 99% to roughly 66%—due to heightened fraud prevention efforts. Some of the most common reasons for denial include:
- The U.S. citizen petitioner does not meet the required income threshold
- Criminal convictions of either fiancé(e)
- Previous violations of U.S. immigration law
- A history of filing multiple K-1 petitions (more than two is not allowed)
- Presence of communicable diseases that could threaten public health
- Lack of sufficient supporting documentation
- Failure to comply with the International Marriage Broker Regulation Act
To avoid delays or denials, consult immigration attorneys at Green Card Link for guidance on meeting all financial and evidentiary requirements.
Overstaying a K-1 Visa: Serious Consequences
If a K-1 visa holder remains in the United States more than six months after their visa expires without getting married, they could face a ban of up to 10 years from re-entering the U.S.
If marriage does occur within the 90-day period, the U.S. citizen spouse should promptly file Form I-130 (Petition for Alien Relative) along with the green card application. USCIS will typically issue a receipt notice a few weeks after submission.
If You Marry a Different U.S. Citizen
If you entered the U.S. on a K-1 visa but married a different U.S. citizen than the one who petitioned for you, obtaining a green card is still possible—but more complex. You may need to return to your home country so your new spouse can file a new I-130 petition, followed by consular processing. Keep in mind that overstaying your original visa by more than six months can still lead to immigration penalties.
K-1 Visa Processing Delays and COVID-19
The COVID-19 pandemic caused significant delays in immigration processing, including fiancé(e) visa cases. Many embassies and consulates had limited operations and travel restrictions affected visa issuance worldwide.
According to the U.S. Department of State – Bureau of Consular Affairs:
“Applicants should check the website of their nearest U.S. Embassy or Consulate for current service availability. The I-129F Petition for Alien Fiancé(e) is valid for four months but can be revalidated in four-month increments. In most cases affected by COVID-19 restrictions, filing a new petition is not required.”
If your case has been delayed or you postponed filing due to the pandemic, the immigration attorneys at Green Card Link can help you navigate the process, revalidate your petition, and keep your application on track.
How Green Card Link Can Help You
At Green Card Link, our experienced immigration attorneys are dedicated to helping couples reunite and begin their lives together in the United States. We provide end-to-end support—helping you prepare for the K-1 interview, gather the required documentation, complete your visa application, and transition to a green card after marriage.
Our team combines professionalism, compassion, and deep knowledge of U.S. immigration procedures to make the process smoother and less stressful. Schedule a consultation today to take the next step toward your future together.
It’s never been easier to start your K-1 visa journey with Green Card Link.