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Last Updated On: July 5, 2024 | Published On: February 28, 2021
The K-1 visa is a nonimmigrant visa designed for a foreign fiancé to come to the United States to join their U.S. citizen partner. One of the major K-1 visa requirements includes the couple needing to get married within 90 days of the foreign partner entering the U.S. We’ll explore common K-1 visa questions including travel restrictions, processing time, income requirements, Form I-129F, and all other K-1 visa requirements. Schedule a consultation to get started with the process to bring your partner to the U.S.
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Below are some common K-1 visa questions we’ve received.
A U.S. citizen can sponsor a foreign-born individual they want to marry by bringing them to the United States on the K-1 fiancé visa. The basic K-1 visa requirements to be eligible for the visa are:
The K-1 visa is a nonimmigrant temporary visa with a six-month window for the foreign-born fiancé to enter the United States after being issued. Once the foreign-born partner enters the United States, the couple has 90 days to get married. If they do not get married within that time frame, then the foreign partner will need to return to their home country. Note that this visa is considered single-use, so the fiancé cannot leave and return to the United States with it after the first entry into the United States.
If they overstay their visa for more than six months, they may face being banned from the United States for up to ten years.
If you get married, but it’s past the 90-day window, you have to file an I-130, Petition for Alien Relative.
Unlike other visas with annual caps issued by the government, the K-1 fiancé visa does not have a limit. This also means you can avoid long wait times that are part of the process with other nonimmigrant visas with annual caps.
If you’re considering the K-1 visa for you and your partner because same-sex marriage is not legal in the foreign-born partner’s country, then the K-1 visa might be a suitable option. For heterosexual couples, sometimes the couple decides to get married in the foreign partner’s country and then apply for a marriage visa for the United States. However, if same-sex marriage is not legal in the foreign partner’s country, then the K-1 is a good solution. The qualifications for a same-sex fiancé visa are the same as those for a heterosexual couple in the U.S. You still need to meet in person, and it must be within the last two years. Some exceptions can be made for some religious reasons or serious medical conditions preventing travel. You would then gather any relevant documents and evidence to demonstrate the legitimacy of your relationship. Examples of evidence include photos, emails, plane tickets, passport stamps, written correspondence, and testimony from friends or family aware of the relationship. From there, the citizen partner would file Form I-129F, Petition for Alien Fiancé with USCIS. We recommend performing these steps alongside a qualified immigration attorney to avoid any filing errors.
If you, as the foreign-born fiancé, are already living in the United States and wish to get married to your U.S. citizen partner, you may be better off skipping the K-1 visa and instead file for the spousal visa after getting married. However, a case like this is best handled by a qualified immigration professional to ensure that you comply with all immigration laws on your current immigrant visa.
You really should be serious and have a strong intention to get married to your partner with the K-1 visa. If you’re on the fence, it may be better to hold off until your more sure about the relationship.
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The minimum K-1 visa income requirement is based on the Department of Health and Human Services (HHS) 2022 poverty guidelines. The guideline is used to qualify the affidavit of support and demonstrate that the visa sponsor is capable of petitioning for their foreign fiancé and supporting any children the sponsor has, past immigrant(s) sponsored, and the K-1 spouse’s dependents.
When calculating the personal income figures, the income from other residents in the household related to the petitioning sponsor by birth/marriage/adoption is also considered to meet the minimum income requirement. However, that person(s) must be noted as a dependent in your most recent tax return or been living with the petitioning sponsor for the past 6 months. For a family/household of one, the 2021 poverty guidelines (for the 48 contiguous states and the District of Columbia) is $12,880. For a household of two, the sponsoring citizen must make at least $17,420. For a household of three, you must make a minimum of $21,960.
The chart below outlines the minimum income requirement for households up to eight people. If you have more than eight people in your family/household, you need to add $4,540 for each additional person. Do you live in Alaska or Hawaii? If so, those poverty guidelines are a little bit higher because of the cost of living.
Poverty Guidelines (48 Contiguous States & D.C.)
Number of Household/Family Members
Annual Income
1
$12,880
2
$17,420
3
$21,960
4
$26,500
5
$31,040
6
$35,580
7
$40,120
8
$44,660
For more than 8 people add $4,540 per person
You can find the guidelines for Alaska and Hawaii at the Department of Health & Human Services website.
While income is one of the primary K-1 visa requirements.
One includes listing your assets’ cash values, and the other is to have a joint sponsor. It’s important to keep in mind that the assets have to be worth at least three times the difference between your household income and the income requirement.
Let’s use an example to demonstrate this point.
Say you live in Georgia and have three other members of your household; your minimum income requirement would be $21,960. If the household income is $15,000, you would need to make up a difference of $6,960, so your assets need to be $20,880—three times $6,960. Assets that can be considered for the net value include your home, car, money in bank accounts, stocks, or bonds.
The other option if your assets’ net value does not equal enough to meet the difference is to get a joint sponsor to use on the K-1 visa. What is their role? They accept the legal responsibility of sponsoring the family with you, and they must meet the poverty guidelines alone. The joint sponsor does not need to be related to the fiancé.
While one of the most important K-1 visa requirements, there are exceptions to the rule of meeting your fiancé within the past two years. One such exception is if there are religious practices that prevent the couple from meeting in person. You’d need to demonstrate to USCIS that the principles are part of the religion when asking for the personal meeting requirement exemption. Another possible exemption is a serious medical condition that prevents travel. Financial hardship is typically not a good enough reason for USCIS to issue an exemption.
The good news is that under a K-1 visa, the foreign-born partner’s children can obtain K-2 visas to come to the United States. The children need to be unmarried and under 21 years old to qualify. They’ll also be able to apply for green cards after the couple gets married.
The answer to this is greatly dependent on the caseload by USCIS and the foreign-born fiancé’s U.S. embassy or consulate in their country. Typically it can take anywhere from 6-9 months for USCIS to go through Form I-129F plus an added four to six weeks for an interview request to be sent to the foreign partner. Again, these are not guaranteed time frames.
I-129F Petition for Alien Fiancé(e) Processing Time
Processing Center
Time
California Service Center
6–8 Months
Vermont Service Center
21.5–27.5 Months
Data is based on USCIS Processing Times tool. Times may change without notice.
The State Department will need the following documents from the sponsored foreign fiancé:
The citizen partner will need to provide the following documents:
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It’s Never Been Easier to Get the K-1 Visa
There are several fees you need to account for if you’re trying to obtain the K-1 visa. The first is the I-129F fee which is $535. Who pays this? The U.S. citizen partner is responsible for paying this. If the U.S. citizen partner has submitted the I-130 Petition, there is no additional cost for filing the K-3 petition. Another cost is the travel costs for the foreign spouse to go to the U.S. Embassy or Consulate in their country for the visa interview. If it’s far from where they live, then the cost may be higher. The last cost is any fees due to an attorney.
The K-1 visa interview is an important part of the overall approval process. What USCIS is looking for are illegitimate relationships or those that are just interested in getting a green card for the United States. All foreign-born K-1 applicants will need to undergo the interview so a consular officer can evaluate their intentions. You’ll be asked questions about how you met your fiancé, what sort of wedding plans are established, your fiancé’s interests and hobbies, and more. Don’t try to answer the questions with what you think is the correct answer, but instead, always be honest and truthful. If you don’t know the answer to a question, don’t lie. Say, “I don’t know” instead. In total, the interview should last about 20 minutes. The U.S. citizen partner is not required to be at the interview. You should arrive at your interview dressed appropriately and at least 15 minutes early.
Here are some sample questions the foreign fiancé may be asked during the K-1 visa interview with the consular officer:
You can see more questions possibly asked here.
If the foreign-born partner has children that will also come to the United States on the K-2 visa, then they should also be present at the interview.
Some common issues that could raise red flags with a consular officer include
If these issues are present, that doesn’t automatically mean you’ll be disqualified, but they are issues you may want to discuss with your attorney ahead of the interview.
After you and your fiance get married, the foreign-born partner will need to apply for their Adjustment of Status so they can gain the ability to work and stay permanently in the U.S. Both K-1 and K-2 holders can file an employment authorization document (EAD). It’s important to file for this after filing the Adjustment of Status. After you get an EAD and have an unexpired I-94, you can get a social security number. Don’t try to apply for a social security number too soon, or it could result in delays. What you’ll need to do is take your marriage certificate to the social security office to show your new, married name along with your marriage certificate.
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We Make Fiancé Visas Easy and Simple
No, they don’t require it at this time assuming you have already obtained your K-1, have filed the I-485 within a year of your L-1 medical exam, did not have a Class A condition during your first examination, and/or you have a waiver of inadmissibility for your condition.
If the U.S. citizen fiancé has had two or more K-1 filings in the past, they may need to apply for a waiver, and the same goes if they’ve had an approved K-1 petition in the past two years. An immigration attorney can better explain the waiver for this situation.
Immigration fraud is a serious crime, and there are severe penalties if you’re convicted of this including imprisonment, large fines, or both. You’ll also have it documented in your immigration record, and it could prevent you from getting U.S. visas or green cards at any point in the future. It’s advised not to have a fraudulent marriage.
It's a smart decision to hire an immigration lawyer for important moves like bringing your fiancé to the United States. VisaNation Law Group's staff is highly-trained and has exceptionally high K-1 visa approval ratings. They can assist you in filling out your petition, going through the interview, and getting approved. They'll ensure all documents are cross-checked and do their best to make the transition with your fiancé's a smooth one. Are there additional K-1 visa FAQs we didn't address? Schedule a free consultation.
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