Love knows no bounds—but it can involve a lot of paperwork! If you’re recently engaged or already planning your upcoming wedding, we at Remitly would like to offer our congratulations.
We know this is a huge step, and the process of moving your life to a new country can, at times, make things more complicated than they need to be. That’s why we’ve put together this guide to help ease your concerns and get you as prepared as possible.
Here we’ll tell you about the K-1 Visa for fiancé(e)s—the application process, requirements, and potential obstacles you may encounter, to give you clarity and confidence to move forward with such a meaningful and life-changing decision.
The K-1 Visa: what is it, and who’s it for?
The K-1 Visa, commonly referred to as the Fiancé(e) Visa, is a nonimmigrant visa that allows a US citizen to bring their foreign fiancé(e) to the United States to get married.
With the world constantly changing, however, it can be challenging to navigate such a significant step. So let’s talk about eligibility.
Eligibility requirements
The first thing you need to know is who’s actually eligible to apply for a K-1 Visa.
Who qualifies for a K-1 Visa?
To be eligible for a K-1 Visa, the petitioner must be a US citizen—even lawful permanent residents (green card holders) will not qualify if they’re not citizens of the country. The foreign fiancé(e) in question must be residing outside of the US at the time of the application, and both parties must be legally free to marry. Previous marriages must already be terminated by divorce, annulment, or the death of one of the parties.
While residency and citizenship are important pieces to the eligibility of this process, you must also have actually met your fiancé(e) in person within the past two years. Of course, there can be exceptions, for example, if meeting in person violated religious, cultural, or social customs that would result in extreme hardship for the US petitioner.
In order to be approved by USCIS, the government’s immigration and citizenship body, exceptions must be well-documented.
Required documentation to prove eligibility
To begin the process, the US citizen will need to file Form I-129F, the Petition for Alien Fiancé(e) document. This must include extensive supporting evidence of the relationship, and it outlines the requirements needed to process the application.
- Birth certificates/proof of citizenship of both parties—one US citizen and the foreign fiancé(e).
- Passports, and passport photos, of both individuals (make sure your passport is up-to-date).
- Police certificates.
- Evidence of at least one in-person meeting within the last two years.
- Documentation showing a genuine romantic relationship—this can be in the form of
photos, messages, call logs, or travel itineraries to meet and spend time with each other.
- Proof that each party is legally free to marry.
- Evidence of financial stability.
- Medical exam.
- Payment fees.
Being organized in the application process is key to avoiding delays. While some of the documents on the list above can be prepared in advance, others may require a bit longer to get together.
Having a binder or digital folder to compile proof of your relationship and other documentation can help ease the stress of applying for this particular visa.
Application process
So you’ve compiled the first documents for the K-1 Visa, and you’re ready to proceed.
What’s next, then?
The K-1 Visa is a multi-step journey that involves several US government agencies. It can feel daunting at times, with so much paperwork and agencies to respond to, but this is normal, so don’t feel discouraged.
We’ve broken it down so you know exactly what to do, so you can say, “I do!”
Filing the initial petition (Form I-129F)
The first step in the K-Visa application process will be the US citizen submitting Form I-129F to the USCIS, along with all required filing information and the filing fee of $265 USD. Fees are subject to change, so it’s best to check before submitting your document packet.
As you prepare your application, it’s a good idea to check the USCIS site regularly for updates or changes to the process.
Once you’ve received a receipt of notice from USCIS, they’ll begin to review your application for completeness and accuracy. The processing time can vary, but it can take six to nine months, so consider waiting for confirmation before you absolutely confirm your wedding venue.
There’s a bit of a balancing act here, though, because of the 90-day rule we’ll talk about later. So consider looking for a venue that could be canceled without financial penalties—it’ll give you a bit more peace of mind just in case the worst happens and you don’t get K-1 approval in time for your booking.
DS-160 and the medical exam
Your foreign fiancé(e) is required to fill out Form DS-160, also known as the Online Nonimmigrant Visa Application. After submitting the form online, you’ll need to print the confirmation for the visa interview.
In the meantime, a complete medical exam done by an embassy-approved doctor is also required before the interview.
Vaccinations aren’t required for the visa interview. However, they are necessary in order to change your status after approval. This means it’s best to have all vaccinations, tests, and assessments completed during the medical exam so you don’t have to worry about it later on.
Transfer to the National Visa Center (NVC)
Upon approval from USCIS, your petition for the K-1 Visa will be sent to the National Visa Center, which assigns a case number and forwards the application to the US embassy or consulate in your fiancé(e)’s country.
Your fiancé(e) should then receive instructions on how to proceed with the visa application from this point.
The embassy interview
The visa interview will take place at the local US embassy or consulate where your fiancé(e) is resident. You’ll need to bring all the above documentation, including your medical results, DS-160 confirmation, and Form I-134 (Declaration of Financial Support). The officer will ask questions to verify the legitimacy of your relationship and check for anything that may disqualify your application.
If successful, the K-1 visa will be approved and is valid for six months from the date it’s issued. Your spouse will be given a packet of documents by the Consulate or Embassy for when they enter the country, and they must not open this! This is strictly for the immigration official when your fiancé(e) enters the country.
Arrival and the 90-day window
Once your fiancé(e) enters the United States using their K-1 Visa, you must get married within 90 days. This time frame is non-negotiable. Failure to marry within the 90 days may lead to the K-1 Visa status being voided, with the possibility of removal proceedings being started against your fiancé(e). That’s why we mentioned the balancing act between having a venue sorted but waiting for final confirmation.
It can certainly feel like time is moving fast once the visa is issued. While you can’t plan absolutely everything before you’ve received the visa, you can get ahead of the game by knowing where and when to get your marriage license, venues you might be interested in, their final confirmation dates and pricing.
The more research done ahead of time, the better your chances are of avoiding delays and other obstacles.
Common challenges
Applying for a K-1 visa is not without its challenges, and some unforeseen issues may arise. Creating a list before you start the process, as well as addressing any questions that come up, can be helpful, since much of the K-1 Visa process is time-sensitive.
If you’re unclear throughout the process, you can engage with an immigration lawyer or other immigration professionals to help guide you and avoid the worst pitfalls.
However, if professional help isn’t within your budget, here are some things to consider.
One of the most common issues couples face is delays in processing times, often caused by incomplete forms, missing documents, or inconsistencies in the information provided. One thing to consider when submitting documents is whether you’ll need translations of birth certificates or any other official documents into English, if your fiancé(e) isn’t from an English-speaking nation.
Other examples of potential delays include mismatched timelines or names spelled differently on various documents, which can trigger Requests for Evidence (RFEs) and delay your cases by weeks or even months. You can learn more about RFEs in USCIS’s policy guide.
While each person has their part in the application process, it’s a good idea to communicate with one another throughout every stage to ensure there are no discrepancies. Think a bit like a proofreader at this stage; having your partner review documents before submission is a way to catch small mistakes that may lead to bigger issues down the road.
Proving the authenticity of the relationship
One of the major hurdles for many applicants is providing adequate proof of a genuine relationship. For instance, if you’ve only met once or have limited physical documentation because of the distance between your homes, your case can be flagged for additional review. In these cases, it can be a good idea to compile any written messages through texts, social media, letters, and even voice notes.
If friends and family have witnessed your exchanges, you may request they submit affidavits testifying to the legitimacy of your relationship.
Being consistent, and having as much documentation as possible, can help make the process easier.
The interview
If your fiancé(e) isn’t fluent in English or isn’t familiar with US immigration procedures, the interview might seem particularly daunting. Communicating with one another and being a source of reassurance for your partner can help ease those pre-interview nerves.
While there may be a great deal of distance between you and your fiancé(e), we live in an age where we can more or less immediately contact each other on the internet with cell phones and laptops. So communicating daily and reviewing the history of your relationship to ensure you don’t remember a moment or story differently can help a great deal when it’s finally time to sit down for the interview.
Visa validity, renewal, and benefits
Despite the 90-day window, once you’re approved, celebrate! You’ve completed the first big step in bringing your lives together, and it’s never a bad idea to lean into some joy, especially in stressful times.
With the approval of your visa, there’s still much to do, not only for the ceremony itself, but also for the change in status.
Life after the K-1 Visa: what comes next?
Once you’re married, your spouse can officially apply for Adjustment of Status by filing out Form I-485. This is the process for switching your K-1 Visa to a green card, also known as becoming a lawful permanent resident.
Remember your binder of documents? Well, it’s time to add to it.
This time, you’ll need your marriage certificate, proof of relationship, and record of the time you’ve spent together in the 90-day window leading up to your marriage, and the Declaration of Financial Support.
While you may have already submitted some of these documents before, applying for a green card will require your spouse to resubmit many documents to USCIS to be approved for permanent residency.
As they wait for their green card, they can also apply for your work authorization with Form I-765.
Benefits of the K-1 Visa
Apart from being able to be together, of course, there’s another benefit of the K-1. If your fiancé(e) has children, they’re eligible for the K-2 Visa, which can be applied for in tandem with the K-1 Visa. The benefit of this route, despite the processing times, is that it provides a faster way to reunification and starting a life together in the United States.
The K-1 Visa: a future together
The K-1 Visa isn’t just a legal document—it’s a bridge that brings loved ones together and allows them to start a new chapter side by side. While the process requires patience, a good deal of preparation, and attention to detail, the reward is a life shared with the person you love.
The time frame might feel long and tight all at once. However, proving your relationship and showing commitment within the first 90 days is a testament to your love and partnership. There may be challenges, but you’ll probably find them more manageable when you’re more prepared and supportive of one another. Good luck!
FAQs
What is a K-1 Visa, and how is it different from a spousal visa?
The K-1 Visa allows for a much faster entry into the United States, whereas the spousal visa is geared towards fast-tracking the green card process for somebody you’re already married to, either for less than two years (CR-1) or more than two years (IR-1).
How long does the K-1 Visa process take from start to finish?
At a minimum, the process can take six months. However, any delays or an influx of applications in the USCIS office can cause the timeline to be extended.
Can the K-1 Visa status be extended beyond 90 days?
In some situations, the K-1 Visa can be extended, but it must be requested before the visa expires. Overstaying your visa in previous visits to the US and any illegal activities will disqualify you from any extension.
Can children of the foreign fiancé(e) also immigrate on the K-1 Visa?
Yes, children can also immigrate with the K-2 Visa, which should be applied for alongside the K-1.