The K-1 Visa Process: 7 Steps
Step 1: File Form I-129F (Petition for Alien Fiancé)
The U.S. citizen petitioner files Form I-129F with USCIS to begin the K-1 visa process. This petition must establish that both parties are legally free to marry, that they intend to marry within 90 days of the beneficiary's entry into the United States, and that they have met in person within the two years preceding the petition filing (unless a waiver of the in-person meeting requirement applies based on cultural or extraordinary circumstances).
The I-129F petition requires substantial supporting documentation, including:
- Proof of U.S. citizenship for the petitioner (passport, birth certificate, naturalization certificate, or consular report of birth abroad)
- Evidence that both parties are legally free to marry (single status, or final divorce decrees, death certificates, or annulment records from all prior marriages)
- Statements of intent to marry within 90 days of the beneficiary's entry
- Evidence of the in-person meeting requirement (airline tickets, boarding passes, passport stamps, dated photographs together, hotel and travel receipts)
- Relationship evidence demonstrating a bona fide relationship (communication records, photographs throughout the relationship, correspondence, evidence of visits, and any shared plans)
- Passport-style photographs of both parties and completed biographical information
Step 2: USCIS Processing and Approval
After filing, USCIS reviews the I-129F petition for legal sufficiency and completeness. Processing times vary, and USCIS may issue a Request for Evidence (RFE) if documentation is incomplete, relationship evidence is insufficient, or prior marriage termination records are missing. During this stage, consistency between forms, dates, and relationship timeline is essential — inconsistencies discovered at this stage can cause delay and increase scrutiny at the later consular interview.
We help clients monitor case status, prepare complete and timely responses to any RFEs, and maintain updated relationship evidence throughout the processing period in case supplemental documentation is needed.
Step 3: Consular Processing
After USCIS approves the I-129F petition, the case is forwarded through the National Visa Center (NVC) to the U.S. embassy or consulate where the beneficiary will attend an interview. The beneficiary must complete several steps at this stage:
- Online visa application (DS-160): The beneficiary submits the electronic nonimmigrant visa application form with biographical, travel, and background information
- Civil documents: Birth certificate, passport, police clearance certificates from countries of residence, court and prison records if applicable, and evidence of prior marriage termination where relevant
- Medical examination: A medical exam by a U.S. embassy-approved panel physician, including required vaccinations and a sealed medical packet for presentation at the interview
- Financial support evidence (Form I-134): The U.S. citizen petitioner must demonstrate financial ability to support the beneficiary. Form I-134 (Declaration of Financial Support) with supporting income documentation, tax returns, and employment verification
- Additional relationship evidence: Updated photographs, recent communication records, and any new evidence of the ongoing relationship since the petition was filed
Document quality is critical at this stage. Missing civil records, expired documents, weak financial evidence, or medical exam deficiencies can result in visa refusal or administrative processing that significantly delays the case.
Step 4: Visa Interview
The consular officer interviews the beneficiary to evaluate visa eligibility, relationship credibility, admissibility, and documentation completeness. Officers typically ask questions about how the couple met, the nature and timeline of the relationship, wedding plans, communication patterns, and the petitioner's background. The interview is usually conducted in English, though interpreters may be available depending on the consulate.
Preparation for the interview should include:
- Organizing all original documents and bringing copies of everything previously submitted
- Reviewing the relationship timeline for consistency with the petition and prior statements
- Being prepared to address any prior visa applications, travel history, or immigration issues
- Understanding the 90-day marriage requirement and post-entry obligations
- Anticipating follow-up questions about specific details of the relationship
Step 5: Visa Issuance and Travel to the United States
If the consular officer approves the visa, the beneficiary receives a K-1 visa with a validity period (typically 6 months from issuance) to enter the United States. Upon arrival, the beneficiary is admitted as a K-1 nonimmigrant, and the 90-day marriage window begins. The K-1 visa is a single-entry visa — the beneficiary cannot travel outside the United States and re-enter on the K-1 visa after initial admission.
- Enter the United States before the visa expiration date
- Marriage to the petitioning U.S. citizen must occur within 90 days of entry
- Preserve all records documenting the marriage and continued relationship
Step 6: Marriage and Green Card Application
After the marriage takes place within the 90-day window, the foreign national spouse applies for adjustment of status to lawful permanent residence by filing Form I-485 with USCIS. The adjustment filing package typically includes:
- Form I-485 (Application to Register Permanent Residence or Adjust Status) with all supporting civil documents
- Form I-864 (Affidavit of Support) — the legally binding financial sponsorship document demonstrating the sponsor can support the immigrant at 125% of the Federal Poverty Guidelines
- Marriage certificate and evidence of a bona fide marriage (joint lease or mortgage, shared bank accounts, insurance records, photographs, correspondence)
- Updated medical examination if required
- Optional Form I-765 for employment authorization (EAD) while the adjustment case is pending
- Optional Form I-131 for advance parole travel permission while the case is pending
The quality and completeness of the adjustment filing significantly affects processing timeline and interview experience. Couples should begin organizing adjustment documents before the marriage so the filing can be submitted promptly after the ceremony.
Step 7: Removing Conditions on Residence (Form I-751)
If the green card is issued as a conditional 2-year card (which is typical when the marriage is less than two years old at the time of adjustment approval), the couple must file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before the conditional card expires. This filing requires both spouses to sign the petition jointly and submit substantial evidence that the marriage continues to be bona fide.
Form I-751 evidence typically includes:
- Joint financial records (bank statements, credit accounts, investment accounts)
- Joint tax returns filed during the conditional residence period
- Evidence of shared residence (lease, mortgage, utility bills in both names)
- Insurance records listing both spouses
- Birth certificates of any children born during the marriage
- Photographs and other evidence of ongoing shared life
- Affidavits from friends and family attesting to the bona fide nature of the marriage
If the marriage has ended in divorce or the filing spouse has been subjected to abuse, special waiver provisions may allow a solo filing without the joint petition requirement. Timely filing is critical — failing to file I-751 before the conditional card expires can result in termination of permanent resident status.
How Chris Hammond Law Firm Helps Fiancé Visa Clients
Complete Petition Preparation
We prepare the I-129F petition with thorough documentation of the relationship, meeting history, and legal eligibility so the filing is complete, consistent, and ready for USCIS review.
Consular Stage Strategy
We provide detailed document checklists, DS-160 guidance, financial sponsorship review, and interview preparation tailored to the specific embassy or consulate handling the case.
Interview Preparation
We conduct practice sessions covering likely interview questions, document organization, potential red flags, and how to present a consistent and credible case to the consular officer.
Post-Marriage Green Card Filing
After entry and marriage, we coordinate the complete adjustment of status package including I-485, I-864, work authorization, and advance parole applications.
Condition Removal (I-751)
When the time comes to remove conditions on the conditional green card, we prepare the I-751 filing with comprehensive evidence of the ongoing bona fide marriage and handle any interview preparation if USCIS schedules one.
Long-Term Planning
We advise couples on the full trajectory from K-1 entry through permanent residence and eventually naturalization eligibility, so each stage builds consistently on the evidence and record from prior filings.
Planning a K-1 filing?
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Schedule consultationFrequently Asked Questions
How long does the K-1 fiancé visa process take?
The K-1 visa process typically takes 12 to 18 months from filing the I-129F petition to the visa interview at a U.S. consulate. Processing times vary by USCIS service center and consulate.
Do we have to get married within a certain time after arriving on a K-1 visa?
Yes. You must marry your U.S. citizen fiancé within 90 days of entering the United States on the K-1 visa. After marriage, you can apply to adjust status to permanent resident.
Can my children come with me on a K-1 visa?
Yes. Unmarried children under 21 of the K-1 visa holder can apply for K-2 derivative visas and enter the U.S. with or after the K-1 parent.
Do we have to have met in person?
Yes. You must have met your fiancé in person at least once within 2 years of filing the I-129F petition. Limited exceptions exist for couples whose customs or traditions prohibit in-person meetings.
What documents are needed for a K-1 visa?
Key documents include proof of U.S. citizenship for the petitioner, evidence of the bona fide relationship, meeting evidence, divorce or death certificates from any prior marriages, police clearances, and a medical exam from an approved physician.
Can a permanent resident file a K-1 fiancé visa?
No. Only U.S. citizens can petition for a K-1 fiancé visa. If you are a permanent resident, you may be able to sponsor your partner through a different visa category after marriage.
What happens after we get married on a K-1 visa?
After marriage, the K-1 visa holder files for adjustment of status (Form I-485) to become a lawful permanent resident. You will receive a 2-year conditional green card, which must later be converted to a 10-year card by filing Form I-751.
Can I work on a K-1 visa before getting married?
A K-1 visa itself does not authorize employment. However, you can file for an Employment Authorization Document (EAD) after entering the U.S. Processing may take several weeks.
Is the K-1 visa faster than a spouse visa?
Not necessarily. While the K-1 petition phase can be somewhat faster, the total timeline including adjustment of status after arrival often ends up similar to the CR-1/IR-1 spouse visa process. The best option depends on your specific situation.