As the development of technology and transportation makes it easier to meet and form relationships with people from all over the world, it's becoming increasingly common for people from different countries to fall in love. When considering a relationship with a person from another country, it's convenient to know how marriage is possible. When a United States citizen marries a foreign citizen, a K-1 Fiance(e) Visa is necessary to bring the foreigner to the U.S. There are several important things to know about a K-1 Visa to allow the application process to flow as efficiently and quickly as possible.

What Is a K-1 Visa?

When a U.S. citizen marries a citizen from another country, the fiance(e) applies for a K-1 fiance(e) visa in order to move to the United States to live near their future spouse. The K-1 visa is a nonimmigrant marriage-based visa. Once they obtain the K-1 visa, the foreign fiance(e) then can come to the U.S. to marry the U.S. citizen sponsoring their visa. They have 90 days from the visa issuance date to get married. If the foreign fiance(e) has any dependent children, they can apply for a K-2 visa to come to the U.S. with their parent.



There are similar types of visas available, including marriage visas and K-3 marriage visas, but the K-1 fiance(e) visa is often the fastest, least expensive, and most convenient option for bringing a fiance(e) into the country for the purpose of marriage.

As an immigrating future spouse of a U.S. resident, the fiance(e) applicant must meet several requirements of a standard immigrant visa. After they arrive in the country and marry their fiance(e), the immigrating citizen then applies for an adjustment of status with the United States Citizenship and Immigration Services (USCIS). With this step, they apply to become a Lawful Permanent Resident (LPR) and obtain a green card.

Requirements for a Fiance(e) Visa Petition

There are several requirements that must be met before applying for a K-1 fiance(e) visa. The U. S. citizen applying for a visa for a fiance(e) must have met in person with the foreign-born partner and be able to provide proof of meeting. Both individuals must be legally able to marry at the time the petition is filed, meaning neither is currently married to someone else. 

If either party was previously married and is no longer married due to divorce, death, or annulment, documentation might be necessary for proof when filing for the K-1 petition. Also, the applicant and fiance(e) must intend to marry within 90 days of the foreign-born person entering the U.S.

The applicant must also submit the Affidavit of Support. This is a document that proves the U.S. citizen is able to financially support the fiance(e) once they move to the U.S. If the applicant doesn't meet the income requirements, it may be possible to find a co-signer to qualify for this income regulation.

How Do You Apply for a K-1 Visa?

The U.S.citizen, who is known as the petitioner, files a petition for a K-1 visa for the foreign fiance(e). This petition is called the I-129F or Petition for Alien Fiance(e). The U.S. citizen files this petition at a United States Citizenship and Immigration Services (USCIS) location based on their geographic residency. 

Note that the visa process is slightly different for Canadian citizens.

What Happens After Filing a K-1 Visa Application?

After an individual applies for a K-1 visa application by submitting the I-129, the USCIS reviews and accepts the application. During the review process, they conduct a review of the petitioner and may request any missing or incomplete information be corrected. If it's properly filled out and submitted correctly, the petitioner is notified that the application was accepted. When a decision is reached to provide the visa, the I-129F petition is sent to the National Visa Center (NVC) for processing. 

After that, it's assigned a case number and sent to the U.S. Consulate or Embassy where the foreign citizen fiance(e) resides. The consulate or embassy then sends the foreign citizen applicant instructions for how to complete the process of applying for the visa. 

They must complete a medical examination with an authorized physician. At this time, the fiance(e) isn't required to get the vaccinations required of visa applicants. However, it can be convenient to do so since the vaccinations are necessary to become a lawful permanent resident after they're married and living in the United States.

After the medical examination, the fiance(e) must schedule an interview at the U.S. Embassy or Consulate to receive a K-1 visa. The embassy or consulate provides specific instructions regarding this interview. Requirements vary slightly for each embassy or consulate, but most require applicants to submit the following documentation:

• All relevant visa applications.
• A passport.
• Divorce, annulment, or death certificates pertaining to any previous marriages.
• Medical examination records.
• Affidavit of financial support.
• Evidence of relationship with fiance(e), who is a U.S. citizen.

After reviewing this information, the embassy or consulate can approve the petition. Once approved, the K-1 visa is valid for six months.

How Long Does It Take?

It generally takes from three to six months from the date of filing for the I-129 Petition to proceed through all the stages to approval and arrive at the U.S. Embassy or Consulate nearest the foreign-citizen fiance(e). The time frame can vary based on individual cases or the country the fiance(e) is from.

Once it goes through the entire process and is approved by the U.S. Embassy or Consulate in the fiance(e)'s country, the K-1 visa will be delivered in several days. Upon receiving the K-1 visa, the fiance(e) has six months to travel to the U.S. Upon arriving in the United States, they have 90 days to marry the U.S. citizen petitioner.

If there are any mistakes or any forms that need to be revised or resubmitted, the process takes longer. Since each case is different, other factors may affect the processing and approval of the petition.

Fees and Costs of a K-1 Visa

Various fees and costs are associated with applying for a K-1 fiance(e) visa. The I-129F has a filing fee of $535. If the foreign fiance(e) has a child or children and is filing K-2 petitions, no additional fees are charged as long as an I-130 Petition of Alien Relative petition is submitted by the same U.S. citizen sponsor.



Travel costs must be considered as well. There may be travel associated with getting to the U.S. Consulate or Embassy for the K-1 interview, depending upon the applicant's distance from that location. The foreign-born citizen must travel to the U.S. Consulate or Embassy near them for an interview and to submit all relevant documentation, but this can still be a significant distance away and require transportation and potentially lodging costs as well.

Finally, if a petitioner chooses to hire an immigration lawyer or visa consultant, those fees must be added to the total cost. Prices can vary widely for professional services, and there are many different types of specialists to assist with the application process.

What If a K-1 Visa Is Denied?

An application for a K-1 visa might be denied for various reasons. A common reason for denial is the information on the I-129F form was incorrect, incomplete, or inconsistent. If this is the reason for denial, simply correct the mistake and refile the petition. Usually, the fee will need to be submitted again. Some petitioners choose to hire an immigration lawyer or visa consultant to file their petition to prevent common mistakes like this or any other issues that might arise.

Is It Necessary to Use an Immigration Lawyer or Visa Consultant?

With thorough research and review of the laws and requirements, a U.S. citizen can apply for a K-1 visa for their foreign fiance(e) without using an immigration lawyer or consultant. However, hiring an experienced professional may reduce the chance of mistakes and oversight on the petitioner's side. If there are any unusual or extenuating circumstances with the foreign-born fiance(e), it can be helpful to use a consultant for a K-1 visa to assist in filing and ensuring all requirements are properly met.

When dating someone from a foreign country, it can be valuable to explore the requirements necessary for marriage. The United States has a very clear procedure for bringing a foreign-born citizen to the U.S. in order to wed. Researching and understanding all requirements well in advance of the desired wedding date can make the process efficient and ensure everything is completed in a timely manner.

While some people consult immigration lawyers or visa consultants to assist with obtaining a K-1 visa, it's not a legal requirement. Understanding how the K-1 visa application process works can eliminate the need to hire an outside professional. If there are any complications or unique circumstances regarding a specific situation, it might be helpful to hire a professional to guide the couple through the application process.