If your fiancé is a citizen of the US and you are engaged to be married to this US resident, you may be eligible to seize your green card after you get married. In this article, you will learn what a K-1 visa is and how to apply for it before you get US citizenship.
What Is a K-1 Visa or Fiancé Visa?
The K1 fiancé(e) visa is a visa that you can apply for to give yourself a 90-day stay in the US for marriage. After your marriage gets registered within this period in America, you can apply to be a US permanent resident with a sponsor from your American spouse. In other words, a K1 fiancé(e) visa gives you some time to stay in the US and change your residency legally if you are engaged to an American.
Who Are Eligible for K1 Fiancé Visa?
K1 fiancé(e) visa is applied for international marriage in the US, which is a strong bridge to get a green card. As a result, both your fiancé and you are supposed to be eligible when applying for the visa. Both of you should hold strong proof that you have met each other in the flesh in two years before triggering the K1 fiancé(e) visa application. More than that, you should have a solid plan to get married within 90 days of your arrival in the United States to get a green card. Evidence of the facts that you two have met in person is listed below.
- Copies of passport pages showing admission
- Flight or train ticket showing the dates of travel
- Hotel receipts that indicate check-in dates
- Photos of both the applicant and the sponsor together
- Letters from commanding officers detailing leave
K-1 visa Requirements
Both US sponsor and foreign fiancé are supposed to meet the requirements of the K1 fiancé(e) visa application. However, it could be a little bit different when it comes to specific circumstances. Below are what most applicants need to follow for a K1 fiancé(e) visa application.
K-1 Visa Requirements for US Sponsor
You must be able to prove that you are a US citizen with acceptable evidence, such as a valid US passport issued for ten years, a citizenship statement executed by a U.S. consular officer, a Report of Birth Abroad of a United States Citizen (Form FS-240), certificate of citizenship, U.S. birth certificate issued by a civil authority, passport card issued by U.S. Department of State and the like that is from an official source proving your US citizenship status. Besides, you must be able and free to get married legally.
K-1 Visa Requirements for Non-US Partner
You must be free to marry your future US partner that you have met in the two years before the K-1 visa application. You are living in other countries than the US with a clean record of crimes that prohibit entry to the US. In addition, you must be able to gather records and documents and submit them to the U.S. Embassy or consulate. Related records and documents that a sponsored partner should prepare include a birth certificate, valid passport, and police certificates. What is more, there are other files that you should present if applicable, such as military records, final Divorce decree, and death certificate for the prior spouse.
The Complete Application Process for K-1 visa
If you satisfy K-1 visa requirements, you could follow the steps listed below to get your K1 fiancé(e) visa and get a chance to get a green card in the end.
- The US citizen sponsor files Form I-129F as Petition for Alien Fiancé(e) together with supporting files and filing fee to USCIS. You may need instructions here to fill out your Form I-129F. Below are detailed addresses of USCIS that you should send the form to.
📍 U.S. Postal Service (USPS):
USCIS
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151
📍 FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003
- Once the petition is approved, the National Visa Center (NVC) will inform you with a letter. Once the letter is received, the alien fiancé(e) of the petitioner should take a medical exam and then file a Form DS-160 with the Department of State online. Detailed steps to file Form DS-160 online are shown in the picture below.
Step 1. Visit the Department of State and choose your home country.
Step 2. Enter the captcha shown below.
Step 3. Click the red bar “START AN APPLICATION”.
Step 4. Read the “Computer Fraud and Abuse Act Notices”, make sure that you have a solid understanding of that, and then have the “I agree” checked.
Step 5. Answer the security question shown on this page and fill in the blanks below the question.
Step 6. Record your application ID on the top right hand of the page and your security answer in a safe and secure place.
Step 7. Click continue to file your Form DS-160.
- Once you file Form DS-160, you will undergo a visa interview for further identification at a U.S. consulate or embassy in your home country. You should take the required forms and documents with you when attending the interview. Once you and your US petitioner complete the K-1 visa interview and pay the visa application fee, you should be granted a valid K-1 visa that allows you to enter the US.
How Much Do You Need to Sponsor a K-1 Visa?
To file Form I-129F, you shall spend $675 on that. However, if you file the form online, you will get a $50 discount from USCIS. The medical exam that the engaged partner of the US citizen will take should cost $200 in most cases. During the interview after filing Form DS-160, you should also pay $265 for the K-1 visa application fee. What has been mentioned are the basic costs of the K-1 visa application without other payment such as a photo printing fee or paperwork copying fee. So, it is recommended that you take extra spending on those items into account. Please note that the payment time and place vary depending on the home country of the sponsored partner. So, you should check on the latest notification of the K-1 visa application from the embassy website of the engaged partner’s home country.
K-1 Visa Interview Questions & Preparations
For both the sponsored partner and the US petitioner, it is essential to leave a good impression in the K-1 visa interview. Questions of a K-1 visa interview are designed to verify three aspects of your future marriage in the US, including your personal information, your relationship with your fiancé, and last but not least, how much you know about your US partner. Below are typical questions that you can prepare in advance.
📌Your personal information:
- What type of work do you do?
- What’s your nationality?
- Have you been married before?
📌Your relationship with your fiancé:
- Do you know your fiancé(e)’s parents?
- What was the proposal like?
- How did you both meet?
📌Your US partner’s information:
- Where do they live?
- Have they been married before?
- How old are they?
Here are some tips to increase the chances of K-1 visa approval at the interview.
- Have two personal information forms that include likely questions asking for information about both the alien partner and the US sponsor. Both of you fill out your personal information form and exchange it with each other to remember details of your partner’s personal information.
- Mock K-1 visa interview with frequently-asked questions with your partner and practice until you can smoothly answer all likely questions that you have searched and recorded.
- Set a reminder to remind you and your partner to take all required original files with you on that day.
- Dress smart on the interview day to build your personal image and prepare for a good impression on the interviewer.
- Take a deep breath at the last minute and be relaxed at the interview.
How Long Does a K-1 Visa Take?
Normally, it will take 3-6 months to process your K-1 visa application if everything goes well. However, it varies depending on the current application load when you file your application form. On average, the wait time to process Form I-129F is 3-6 months while that of Form DS-160 can be diverse from country to country. You will find a list of embassy processing times below with data from different countries. Apart from that, you will also need to wait for about 1 month to attend the K-1 visa interview.
Embassy Processing Times (Months) | |||
---|---|---|---|
Country | Average | Minimum | Maximum |
Brazil | 6 | 2 | 17 |
Canada | 8 | 5 | 13 |
China | 3 | 0 | 6 |
Colombia | 8 | 0 | 20 |
Dominican Republic | 6 | 2 | 24 |
India | 5 | 2 | 8 |
Indonesia | 10 | 4 | 16 |
Mexico | 6 | 0 | 9 |
Nigeria | 9 | 1 | 26 |
Philippines | 16 | 1 | 30 |
Russia | 6 | 2 | 12 |
Thailand | 5 | 0 | 23 |
Ukraine | 3 | 2 | 7 |
United Kingdom | 6 | 2 | 23 |
Vietnam | 10 | 7 | 13 |
How Much Is a K-1 Visa?
The net application fee for a K-1 visa is $265. As discussed, you will need to take other necessary spending in the course into consideration when it comes to the total cost.
K-1 Visa Approval Rate by Country
The approval rate of a K-1 visa application varies depending on where the foreign partner is. The approval rate worldwide is growing from 2013 to 2023. You can find more in the graphs below.
Fiscal Year* | Approval Rate | Refusal Rate |
2013 | 71.35% | NaN% |
2014 | 69.4% | NaN% |
2015 | 70.5% | NaN% |
2021 | 82.22% | 17.78% |
2022 | 86.99% | 13.01% |
2023 | 85.82% | 14.18% |
What Is the K-1 Visa Divorce 10-Year Rule?
K-1 visa divorce 10-year rule is a provision that gives the alien spouse a right to apply for status adjustment and still gain permanent resident status even if they divorced their US citizen spouse within the two-year conditional period. However, the applicant should prove that the marriage was entered into good faith.
FAQ
📌 Can you work on a K-1 visa?
Yes, as long as you apply for an employment authorization document, or EAD, after arrival in the US.
📌 How long can you stay in the US on a K-1 visa?
As a K-1 visa holder, you are granted a 90-day stay in the US for marriage. After marriage, you can apply for permanent residency in this country.
📌 How do I prove my relationship is real for a fiancé visa?
There is evidence that you can take with you as proof of your relationship, such as letters, photos of both of you in different places, and the like.
📌 What are the limitations of a K-1 visa?
K-1 visa holders are banned from traveling outside of the US.
Summary
Marriage with a US citizen and obtaining a K-1 visa from that can be a comparably simple way to get a green card. With the files and application steps mentioned above, you will know the dos and don’ts of the process. Follow these rules and you may get a K-1 visa in the end.