VISAS
Frequently Asked Questions about K-1 Visas
- What is a K-1 visa?
- How long does it take to process a K-1 visa?
- What are the main requirements for a K-1 visa?
- How do we prove our relationship is genuine?
- Can the K-1 visa be denied?
- What happens after the K-1 visa is approved?
- Are there restrictions on travel outside the U.S. after arriving on a K-1 visa?
- What if we do not marry within 90 days?
- Can I work in the U.S. while on a K-1 visa?
- How do I handle complications or delays in my K-1 visa processing?
- Can my children come with me on a K-1 visa?
- What are the medical examination requirements for a K-1 visa?
- How do we handle previous visa denials or immigration issues?
- What is the process for adjusting status after marriage on a K-1 visa?
- How long does it take to get a green card after marrying on a K-1 visa?
- Can we expedite the K-1 visa process?
- What fees are involved in applying for a K-1 visa?
- What if my K-1 visa is denied?
- Can I apply for a K-1 visa if my fiancé(e) is already in the U.S.?
- What is the difference between a K-1 visa and a spouse visa (CR-1/IR-1)?
- What documentation is required for the K-1 visa application?
- What happens during the K-1 visa interview?
- How long is the K-1 visa valid?
- What are the financial requirements for a K-1 visa?
- Can we apply for a K-1 visa if we have not met in person?
- What happens if our K-1 visa petition is returned to USCIS by the consulate?
- Can we apply for a K-1 visa if we plan to live outside the U.S. after marriage?
- What are the next steps if our K-1 visa petition is approved?
- What if the foreign fiancé(e) has a criminal record?
- How do we prove financial support for the K-1 visa?
What is a K-1 visa?
A K-1 visa is a non-immigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married within 90 days of arrival. After the marriage, the foreign national can apply for an adjustment of status to become a lawful permanent resident (green card holder).
Our law firm helps you understand the requirements and assists in filing the necessary documentation accurately, avoiding common pitfalls and delays.
How long does it take to process a K-1 visa?
As of 2025, the processing time for a K-1 visa typically ranges from 4 to 7 months from filing Form I-129F to visa issuance.
We monitor the latest processing times and communicate with USCIS and consulates to ensure your application proceeds smoothly, managing all deadlines and follow-ups actively.
What are the main requirements for a K-1 visa?
Requirements include proving a bona fide relationship with a U.S. citizen, meeting in person at least once in the last two years, and both parties being legally free to marry.
We help gather evidence of your relationship, document the required in-person meeting, and ensure all legal aspects of marital status are clear and properly documented.
How do we prove our relationship is genuine?
You must provide evidence such as photographs, correspondence, travel documents, and affidavits from friends and family confirming your relationship.
Our team guides you in collecting comprehensive and persuasive evidence to satisfy USCIS and consular officers that your relationship is genuine.
Can the K-1 visa be denied?
Yes, a K-1 visa can be denied for reasons like failing to meet eligibility requirements, insufficient evidence of a genuine relationship, previous immigration violations, or issues during the consular interview.
We prepare clients for the interview process, review all application materials for accuracy and completeness, and handle any legal complications that may arise.
What happens after the K-1 visa is approved?
Once the K-1 visa is approved and the fiancé(e) enters the U.S., the couple has 90 days to get married. After marriage, the foreign spouse must apply for an adjustment of status to become a permanent resident.
We provide legal guidance through the marriage and adjustment of status processes, ensuring all legal formalities are completed correctly and in a timely manner.
Are there restrictions on travel outside the U.S. after arriving on a K-1 visa?
Once the fiancé(e) enters the U.S. on a K-1 visa, they cannot leave the country until they have applied for and received an Advance Parole document or have adjusted their status.
We help apply for the Advance Parole document if travel is necessary before the adjustment of status process is complete.
What if we do not marry within 90 days?
Failing to marry within 90 days of entry on a K-1 visa can lead to the foreign fiancé(e) being out of status and possibly facing deportation.
We advise on the legal implications and assist in planning to ensure the marriage occurs within the required timeframe.
Can I work in the U.S. while on a K-1 visa?
K-1 visa holders can apply for a work permit by filing Form I-765 along with their adjustment of status application. However, the work permit is not automatically granted upon entry.
We facilitate the timely filing of your work permit application to ensure you can legally work as soon as possible.
How do I handle complications or delays in my K-1 visa processing?
Delays and complications can occur due to administrative processing needs, requests for further evidence, or errors in the application.
Our firm acts as an intermediary to resolve issues, provides updates on the status of your application, and ensures any requests for additional information are addressed promptly and effectively.
Can my children come with me on a K-1 visa?
Yes, unmarried children under the age of 21 of the K-1 visa holder can apply for a K-2 visa to accompany their parent to the United States.
We help prepare and file K-2 visa applications for eligible children, ensuring all necessary documentation is included to facilitate their entry into the U.S. alongside their parent.
What are the medical examination requirements for a K-1 visa?
A medical examination by an approved physician is required for K-1 visa applicants. The examination ensures the applicant does not have any health conditions that would make them inadmissible to the United States.
We provide guidance on scheduling and preparing for the medical examination, including what to expect and the required documentation.
How do we handle previous visa denials or immigration issues?
Previous visa denials or immigration violations can complicate the K-1 visa process, but they do not necessarily result in automatic denial. Each case is reviewed on its own merits.
We assess your individual situation, provide legal advice on addressing past issues, and present your case in the most favorable light to USCIS and consular officers.
What is the process for adjusting status after marriage on a K-1 visa?
After marrying within 90 days, the foreign spouse can file Form I-485 to adjust their status to that of a lawful permanent resident. This process includes submitting additional documentation, attending a biometrics appointment, and possibly an interview.
We guide you through the adjustment of status process, ensuring all forms are accurately completed and all required evidence is submitted. We also prepare you for the biometrics appointment and any potential interviews.
How long does it take to get a green card after marrying on a K-1 visa?
The processing time for adjusting status to a green card holder can vary but typically takes 8 to 14 months.
We help manage expectations by providing up-to-date information on processing times, handling all paperwork efficiently, and ensuring you remain informed throughout the process.
Can we expedite the K-1 visa process?
In certain circumstances, such as urgent humanitarian reasons or a severe financial loss to a company or person, it may be possible to expedite the K-1 visa process.
We evaluate your situation to determine if you qualify for expedited processing and help you file the necessary requests with USCIS.
What fees are involved in applying for a K-1 visa?
Fees include the filing fee for Form I-129F, the visa application fee, and costs associated with the medical examination and obtaining necessary documents.
We provide a clear breakdown of all fees involved and assist you in budgeting for the entire process, ensuring no surprises.
What if my K-1 visa is denied?
If your K-1 visa is denied, you can appeal the decision or reapply with additional evidence to address the reasons for denial.
We analyze the denial reasons, advise on the best course of action, and help you file an appeal or prepare a stronger reapplication.
Can I apply for a K-1 visa if my fiancé(e) is already in the U.S.?
If your fiancé(e) is already in the U.S. on a different visa, you may consider alternative options, such as adjusting status from their current visa category.
We assess the situation and advise on the best immigration strategy, whether it’s applying for a K-1 visa or another appropriate visa category.
What is the difference between a K-1 visa and a spouse visa (CR-1/IR-1)?
A K-1 visa is for fiancés(e)s who are not yet married to their U.S. citizen partner, while a CR-1/IR-1 spouse visa is for individuals who are already married to a U.S. citizen. The K-1 visa allows the fiancé(e) to enter the U.S. to get married and then adjust status, whereas the CR-1/IR-1 allows the spouse to enter as a permanent resident.
We help you determine which visa category is most suitable for your situation and guide you through the application process for either the K-1 or CR-1/IR-1 visa.
What documentation is required for the K-1 visa application?
Required documentation includes Form I-129F, evidence of a bona fide relationship, proof of in-person meetings, passport photos, birth certificates, police certificates, and medical examination results.
We provide detailed checklists and assistance in gathering and organizing all required documents to ensure a complete and accurate application.
What happens during the K-1 visa interview?
During the interview, the consular officer will ask questions about the relationship, background, and future plans to determine the legitimacy of the relationship and the applicant’s eligibility.
We offer interview preparation services, including mock interviews and guidance on how to answer common questions to increase your chances of a successful interview.
How long is the K-1 visa valid?
The K-1 visa is valid for six months from the date of issuance, and the foreign fiancé(e) must enter the U.S. within this period.
We help you plan your travel and marriage timeline to ensure compliance with visa validity requirements.
What are the financial requirements for a K-1 visa?
The U.S. citizen petitioner must meet certain income requirements to sponsor their fiancé(e), demonstrating the ability to support them financially. This is typically shown through tax returns and pay stubs.
We assist in gathering and presenting the necessary financial documentation to meet the sponsorship requirements.
Can we apply for a K-1 visa if we have not met in person?
In-person meetings are generally required, but exceptions can be made for cultural or religious reasons or extreme hardship. These exceptions require strong evidence and compelling arguments.
We help you determine if you qualify for an exception and assist in preparing the necessary documentation and arguments to support your case.
What happens if our K-1 visa petition is returned to USCIS by the consulate?
If the consulate returns your K-1 visa petition to USCIS, it may be for further review or potential revocation. USCIS will re-evaluate the petition and may request additional evidence.
We help address any issues raised by the consulate, gather additional evidence if needed, and communicate with USCIS to resolve the situation.
Can we apply for a K-1 visa if we plan to live outside the U.S. after marriage?
The K-1 visa is intended for couples who plan to reside in the U.S. after marriage. If you plan to live outside the U.S., a different visa or immigration strategy may be more appropriate.
We evaluate your plans and advise on the best visa options based on your intended living arrangements.
What are the next steps if our K-1 visa petition is approved?
After approval, the petition is sent to the National Visa Center and then to the consulate for the visa interview. The foreign fiancé(e) will undergo a medical exam and attend the interview.
We guide you through each step following approval, including preparing for the medical exam and interview, and ensuring all paperwork is in order.
What if the foreign fiancé(e) has a criminal record?
A criminal record can complicate the K-1 visa process, but it does not automatically disqualify an applicant. Each case is evaluated individually.
We analyze the criminal record, advise on its impact, and assist in preparing any necessary waivers or explanations to present to USCIS and the consulate.
How do we prove financial support for the K-1 visa?
Financial support is proven through the Affidavit of Support (Form I-134), along with supporting documents such as tax returns, pay stubs, and employment letters.
We help you complete Form I-134 accurately and gather all necessary financial documents to demonstrate your ability to support your fiancé(e).
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