UNDERSTAND THE INCOME REQUIREMENTS, COST, TIMELINE, AND PROCESS FOR THE K-1 FIANCÉ VISA IN 2024
What is a K-1 visa?
The K-1 visa i.e K1 fiancé(e) visa allows a foreign fiancé of a US citizen to visit the United States and marry within 90 days. It is a nonimmigrant visa, which means it allows for a short stay in the United States rather than permanent status.
Once married, the foreign spouse can apply for a change of status to become a lawful permanent resident (green card holder).
Quick facts:
As of April 1, 2024, the fee to apply for a K-1 visa is $675, and the cost to obtain a green card after marriage is up to $3005.
To sponsor a K-1 visa, your income must be at or above 100% of the Federal Poverty Guidelines. This means that in 2024, a two-person household (you and your fiancé) must earn at least $20,440.
24% of K-1 visa applications were refused in FY2023, up from 19% in FY2022.
K-1 Visa Eligibility
The K-1 fiancé visa permits a US citizen to legitimately sponsor their foreign partner to enter the United States. Each partner must verify that they intend to marry within 90 days of the overseas fiancé’s arrival in the United States.
How much money is needed to sponsor a K1 visa?
To sponsor a K-1 visa, your income must be at or above 100% of the Federal Poverty Guidelines. This means that in 2024, a two-person household (you and your fiancé) must earn at least $20,440. Active duty military individuals must meet a somewhat higher income requirement, typically 125% of the Federal Poverty Guidelines.
Income requirements fluctuate over time, so check the most recent Federal Poverty Guidelines for the most up-to-date data.
If you are afraid that you do not satisfy the income criterion, you can include a dual sponsor on your application. This is a friend or family member living in the United States who makes enough money to support you and your fiance.
To apply for a K-1 fiance visa, a United States citizen sponsor must:
File Form I-129F: The sponsor begins the procedure by submitting Form I-129F, Petition for Alien Fiancé(e), along with supporting documentation and the filing fee, to USCIS.
Provide proof of relationship: Gather evidence to prove your relationship is genuine. This includes images, contact records, travel plans that show in-person interactions, and other signs of a committed relationship.
Complete Form I-134: If USCIS approves your application, it is routed to the National Visa Center, which then contacts the US embassy/consulate in your fiancé(e)’s country. At this point, you will complete Form I-134, Affidavit of Support, to demonstrate your financial ability to support your fiancé(e).
Support the Fiancé’s Application: Assist your fiancé(e) in obtaining the necessary documents, preparing for their visa interview, and potentially undergoing a medical examination.
Plan for marriage and status adjustment: Once your fiancé(e) arrives in the United States on a K-1 visa, you must marry within 90 days.
A US citizen sponsor must meet the income requirements for a K-1 visa. To qualify for a marriage green card, the sponsor must meet certain income standards.
To obtain a K-1 fiance visa, the foreign fiancé must:
Wait for the I-129F approval.
Fill out Form DS-160:
Once USCIS approves your petition, you’ll receive instructions to fill out the online visa application, Form DS-160. Gather necessary documents. Compile necessary papers, such as your
- Passport Birth Certificate
- Divorce orders or death certificates (if previously married)
- Police certifications from nations where you’ve resided for at least six months
- Evidence of your relationship with your United States citizen fiancé(e)
Medical Exam: You must schedule and undergo a medical examination with an authorized physician. They will check for any conditions that may make you ineligible to the United States and administer any essential vaccines.
Attend a Visa Interview: A visa interview will be scheduled at your country’s US embassy or consulate. To determine your eligibility for the K-1 visa, the consular official will analyze your application and supporting documents, as well as conduct an interview.
Travel and Get Married: If your visa is approved, you will receive a K-1 visa and have six months to travel to the United States. Remember that you must marry your US citizen fiancé(e) within 90 days of arriving in the United States.
After your marriage, you can petition to modify your status to become a lawful permanent resident (green card holder) of the United States.
Note: Same-sex partners can apply for a K1 visa regardless of whether the sponsored fiancé’s native country allows for same-sex marriages.
How long does it take to have a K-1 fiancé visa approved?
As of April 28, 2024, a K-1 application (Form I-129F) takes 7 months to process. This estimate is based on analysis by the FaraTaran partner. Track My Visa Now.
After Form I-129F is accepted, USCIS will transfer the case to the National Visa Center (NVC), which may take four to six weeks.
Why does this timeline differ from the processing times provided by USCIS?
US Citizenship and Immigration Services (USCIS) releases historical application processing times every three months. According to their most recent publication, the wait period for a K-1 visa is around 12.2 months.
K-1 visa expenses: A K-1 fiancé visa now costs $800.
Here’s a breakdown of the K-1 visa costs.
The government requires a $675 charge for Form I-129F. An applicant can pay via a money order, cashier’s check, or personal check. If you file at a USCIS lockbox facility, you can pay with a credit card using Form G-1450 (“Authorization for Credit Card Transactions”). If paying by check, make it payable to the United States Department of Homeland Security. USCIS provides a $50 discount if you file Form I-129F online.
Once Form I-129F is accepted, the engaged partner of a US citizen must undergo a medical examination. The exam fee varies depending on the physician, but it is typically $200.
Finally, the actual application fee for the K-1 visa is $265. It is normally paid during the interview—but it’s vital to examine precise payment instructions included in the embassy’s interview notice, which can differ by home country.
These expenses do not include additional expenditures such as interpreting and duplicating your documents or obtaining necessary documents, such as your birth certificate.
A K-1 visa is merely the first step toward immigration to the United States. Learn how to obtain a marriage green card and become a permanent US resident.
Step-by-step instructions: How to alter your status from fiancé visa to married green card?
The K-1 visa application procedure: Step-by-Step
Step 1: Form: I-129F
The first step in acquiring a K-1 visa is for the US citizen fiancé to submit Form I-129F (“Petition for Alien Fiancé(e)”) to USCIS. This form demonstrates that the relationship is valid.
The following documents must be submitted with Form I-129F:
- Proof that the sponsoring fiancé is a United States citizen (proof could include a passport copy, certificate of naturalization, or birth certificate).
- A copy of the overseas fiancé’s passport.
Evidence indicating the relationship is genuine, such as photos together, travel itineraries for vacations taken together, letters from family and friends confirming the connection, emails or text conversations between the couples, and so on. - Before submitting the form, the couple must establish that they have met in person at least once in the last two years. Flight reservations, hotel itineraries, photographs, emails, and other documents serve as evidence.
- Each partner must sign a sworn statement outlining their relationship and saying that they intend to marry within 90 days of the foreign partner’s arrival in the United States.
- The sponsored fiancé must provide a copy of all previously issued Form I-94 arrival/departure records.
One passport-style photo of the US citizen fiancée and one passport-style photo of the international partner. - Evidence of relationships in the digital era.
The digital era provides candidates with extra evidence for their applications that may be useful to evaluate. - Screenshots of social media interactions: Include screenshots of your social media communication, such as posts you’ve tagged each other in, public displays of affection, and chat histories that show relevant talks or experiences you’ve had.
- Digital conversation logs: If you communicate frequently on apps such as WhatsApp and Messenger, an organized record of the depth of your communications may be useful.
Shared digital experiences: If you play online with others, have shared service subscriptions, or collaborate on online projects, these activities may help your case.
After filing the form and supporting documentation at the right address, USCIS will usually send a receipt notice within 30 days. If additional information is required, USCIS may issue a Request for Evidence (RFE). When Form I-129F is granted, USCIS will send an approval notice.
Step 2: Fill out DS-160 and interview
At this point, USCIS transfers the case to the US Department of State. After the I-129F fiancé sponsorship form is granted, the sponsored fiancé will receive a letter from the US Embassy in their home country outlining the date and location of their visa interview, as well as a list of required papers.
DS-160
Next, the sponsored fiancé must fill out the State Department’s online DS-160 form (also known as the “Online Nonimmigrant Visa Application”). This is the actual K-1 visa application.
After submitting the form online, print the confirmation page.
The State Department requires the following documents:
- Sponsored fiancé paperwork.
- Two passport-style photographs.
- Birth certificate
- Valid, unexpired passport.
- Police clearance received from all countries of residence lasting more than six months since the age of sixteen.
- Sealed medical exam form (obtained from a physician overseas who is authorized by the State Department)
- U.S. citizen fiancé documents
- Affidavit of Support (Form I-134)
- Most recent tax returns.
- Proof of relationship (a copy of the approved I-129F package initially filed with USCIS).
K-1 visa interview
The fiancé visa interview is held at the nearest US Embassy or consulate in the sponsored fiancé’s home country, typically 4-6 weeks following the embassy’s initial notice.
The interviewing officer will usually make a decision on the case on the same day or shortly after the interview. If they require additional evidence, they will request that it be delivered directly to the US consulate.
Step 3: Arrive and marry!
Once the prerequisites are completed and the K-1 visa is approved, the sponsored fiancé has six months from the date of approval of the initial I-129F form to travel to the United States.
After arrival, the couple must marry within 90 days or the sponsored fiancé would lose his K-1 status. If the couple decides not to marry, the sponsored partner will be ineligible to remain in the United States and must depart immediately.
Unlike other visas, the K-1 does not permit the transfer to another travel visa (F-1, H-1B, etc.). It is also illegal to “adjust status” from a K-1 visa to a marriage-based green card for anyone other than the original US citizen sponsor. The K-1 visa’s primary purpose is to allow the sponsored fiancé to visit the United States and marry the sponsoring fiancé within 90 days.
After marrying, the final stage is to apply for a marriage-based green card, which will be sponsored by the spouse who first sponsored the K-1 fiancé visa. Check out our overview of the marriage green card application procedure, as well as our step-by-step instructions for spouses of US citizens living in the United States.
K-1 visa FAQs
Can I work on a K-1 Visa?
Yes, but only if, after arriving in the United States, you apply for and are authorized for a work permit using Form I-765 (Application for Employment Authorization).
Like the K-1 visa, this job permit is only valid for 90 days, beginning when you arrive in the United States.
If you decide to apply for permanent residency after you arrive and file Form I-485 (Application to Register Permanent Residence or Adjust Status), you may include Form I-765 in your application. This would offer you work authorization for a year.
Can I prolong my K-1 visa?
No. The K-1 visa expires after 90 days.
Can I still apply for the K-1 visa if my partner has a green card but is not a US citizen?
No. The K-1 visa is only available to fiancés of US residents. If your partner has a green card, they can only petition for your admission if you are already married.
How can I apply for a green card after entering the U.S. on a K-1 visa?
After entering the United States on a K-1 visa and marrying your partner, you must complete Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident. FaraTaran has created a guide for updating your status, so you can understand the next steps in the process.
Do I need to provide an affidavit of support for the K-1 visa?
Yes, you must submit Form I-134 when applying for a K-1 visa.
What’s the difference between the K-1 and K-3 visas?
If you are the fiancé of a US citizen, you may apply for a K-1 visa. Previously, if you were the spouse of a US citizen, you may apply for a K-3 visa. In recent years, K-3 visas have been granted on a case-by-case basis. When one partner stays overseas, married couples often use the CR-1 spousal visa, which is available to partners of US citizens and green card holders.
Is there anything I can do now that COVID-19 restrictions have damaged my K-1 visa?
According to USCIS, consular stations are authorized to prioritize K visas. For the most up-to-date information, consult the website of your local US Embassy or Consulate.
If your U.S. citizen spouse has filed Form I-129F (Petition for Alien Fiancé(e)) for you, and the petition is about to expire, you may be able to extend it and avoid having to file a new petition.
