What Are the Specific Requirements for a K-1 Visa for a Foreign Fiancé?
Key Takeaways
- The K-1 visa lets U.S. citizens bring their foreign fiancé(e)s to the U.S. to marry within 90 days of arrival.
- You must prove U.S. citizenship, intent to marry, and an in-person meeting within the last two years.
- Processing usually takes 6-9 months, but some requirements may be waived in rare cases.
What Is a K-1 Visa?
The K-1 fiancé visa allows your fiancé(e) to come to the U.S. so you can get married within 90 days. After that, they can apply for a green card to stay permanently.
Because this visa leads to a green card, immigration authorities carefully check that your relationship is real. That means gathering the right documents and following all the steps correctly.
What Are the K-1 Visa Requirements?
To qualify for a K-1 visa, you and your fiancé(e) must meet the following:
- You Must Be a U.S. Citizen: Only U.S. citizens can apply. You’ll need to show a passport, birth certificate, or naturalization certificate as proof.
- You Must Plan to Marry Within 90 Days: You and your fiancé(e) have to legally marry within 90 days of their arrival. If you don’t, they’ll have to leave the U.S.
- Both of You Must Be Free to Marry: If either of you was married before, you must provide divorce papers, death certificates, or annulment records to prove you’re legally single.
- You Must Have Met in Person at Least Once in the Last Two Years. You must prove that you met face-to-face within the last two years. Acceptable proof includes photos together, travel records, flight tickets, hotel receipts, and screenshots of texts, calls, or video chats.
Can You Get a Waiver for the In-Person Meeting Requirement?
Yes, but only in rare cases. USCIS may grant a waiver if:
- Cultural or religious traditions prevent meeting before marriage.
- Meeting would cause extreme hardship for the U.S. citizen, such as a medical condition that makes travel impossible.
To qualify, you’ll need strong proof, such as letters from religious leaders, medical documents, or affidavits explaining why you couldn’t meet in person.
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How Long Does the K-1 Visa Process Take?
On average, it takes 6-9 months to get a K-1 visa, but processing times can vary. Here’s a basic timeline:
- USCIS Processing (4-6 months): You file Form I-129F, and USCIS reviews your petition.
- National Visa Center (NVC) (3-4 weeks): Once approved, your case moves to the U.S. embassy or consulate, where your fiancé(e) will apply for the visa.
- Embassy Processing & Interview (2-3 months): Your fiancé(e) fills out Form DS-160, completes a medical exam, and attends a visa interview.
Some cases may take longer due to embassy workload, security checks, or missing documents.
Why You Might Need a Lawyer For Your K-1 Visa
The K-1 visa process can feel overwhelming, and small mistakes can lead to delays or denials. A lawyer can help you gather the right documents, make sure everything is filed correctly, and handle any issues that come up. If you want to avoid delays and get through the process smoothly, Marble is here to help.