K1 Visa Application and General Guidelines

The K1 visa allows your fiance(e) to enter the United States so that both of you can marry and live together in the United States. To apply for a K1 visa, you and your fiance(e) must be legally free to marry. The following are the legal requirements for k1 visa:

  • Lawful citizen or of the United States Of America. Permanent residents are not allowed to apply for K1 visa.
  • Met your fiance(e) in person within the last 2 years prior to filing for visa. You must also prove that the relationship is in good faith and both of you are serious about the relationship.
  • You and your fiance(e) are of marriageable age. Both of you have expressed genuine intentions to marry each other and will do so within 90 days of your fiance(e) arrival in the United States.
  • You and your fiance(e) have met the minimum income requirement – 125% above the poverty level.
  • Your fiance(e) is a lawful citizen and possess no immigration or domestic law violations. No criminal records.
  • Your fiance(e) posses an international passport.

If you and your fiance(e) fufils all these requirements, then you may obtain a K1 visa by making a I-129F Petition to the United States Citizenship And Immigration Services (USCIS). The following items should be included with your I-129F petition:

  • Check payable to the Department Of Homeland Security. Do not make payments to USCIS as it is under the Department Of Homeland Security. Payment fees are for visa application processing, medical examination and other administration fees
  • Prove that you are a citizen of the United States (birth certificate, passport, etc)
  • Documentary evidence of your relationship with your fiance (photos together, passport stamps, etc) and also statements from you and your fiance(e) expressing the intentions to marry each other within 90 days of your fiance(e) arrival in the United States
  • Biographic information of you and your fiance(e). This is done by filling out Form G-325A
  • Evidence of you and your fiance(e) financial status (tax payments, bank statements, etc)
  • Passport size photos of you. Passport size photos of your fiance(e)

Additional documents or information may be requested by the reviewing officer but generally, the above are the standard items required for most cases. Assuming the application proceeds smoothly with any hiccups, the length of time from the start of application to finally getting the K1 visa is about 6-8 months. This time can be delayed if applicants does not submit the relevant information or submit incomplete information.

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6 thoughts on “K1 Visa Application and General Guidelines

  1. Hey there. I really enjoyed reading your site. Thanks for putting this together. I would not mind being a guest author on the EB-3 category, which is currently capped “unavailable” for most of the world. Please keep the site up!

  2. Hi Alpha Wolf, We always welcome guest authors on immigration topics and invite you to submit your article whenever you like.
    CJ

  3. Hi, Im an Australian and I am in the states on a 6 month holiday visa. My girlfriend is american, we have been seeing each other for over a year (in australia and china) and we want to marry. I dont know yet if my family can make it in time. If we have to postpone the wedding what happens?

    Also what if I find full time work in the meantime? Will I have to quit my job and or go home? Or will I just revert back to my holiday visa?

    thanks, Adam.

  4. Hi Adam,
    I would suggest looking at the K-1 fiancee visa if that gives you enough time for your parents to attend or actually doing the official marriage while your status is legal and then having the full ceremony, etc. when all are available.
    If you are on the B-2 tourist visa, you can switch to the H-1B or E-3 visa within the US but it is not a quick process and generally leaving the country and applying for the visa is a quicker option.
    Given you are going to get married anyway, I would follow that route as it is far simpler and make sure you do the official stuff in time while your status is valid to avoid further issues later as this will give you some sort of permanent status in the US.
    Good Luck,
    CJ

  5. Hi there

    I am an Australian currently in the US on an E3 visa. This is my second E3, and I originally come over on an L1 visa. My American boyfriend and I have been dating for almost 10 years and have decided to make it legit and get married. What are my options? We are planning on getting married in Australia at the end of the year, and then returning to the US. I would prefer to not have to apply for an E3 visa every 2 years.

    Thanks so much

  6. Hi there,
    Will the US ONLY allow marriage if travelling on a K1 visa? I was thinking that I could go to the US on a visa waiver or a tourist visa and get married while I’m there. Is that not possible?

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