How Lawful Permanent Residents Can File A K-1 Visa

The K-1 visa is a non-immigrant visa that allows the foreign fiancé of a US citizen to enter the US and marry within 90 days. This visa is not available for foreign nationals wishing to marry US lawful permanent residents. However, once the foreign national marries their US citizen fiancé, they can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

K-1 visa requirements

To be eligible for a K-1 visa, you must be a foreign national intending to marry a US citizen within 90 days of your arrival in the US. The US citizen must file Form I-129F, Petition for Alien Fiancé(e), along with supporting documents and a filing fee to the United States Citizenship and Immigration Services (USCIS). The couple must also provide proof that they have met in person at least once within the two years before submitting Form I-129F. This can include photos, communication records, and travel itineraries demonstrating in-person meetings. If the couple has not met in person, they can request a waiver if meeting in person would cause extreme hardship or violate strict cultural or religious traditions.

Once the I-129F form is approved, the US citizen's fiancé(e) must complete Form I-134, Affidavit of Support, to demonstrate their financial ability to support their fiancé(e). They must also gather the required documents and prepare for their K1 visa interview. The DOS consular officer will determine whether the fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the visa, it is valid for up to 6 months for a single entry. The K-1 visa holder must then travel to the United States and seek admission at a port of entry within the validity of the visa.

Upon arrival, the couple must marry within 90 days, or the sponsored fiancé(e) will lose their K-1 status and must leave the country immediately. After the marriage, the couple must file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a marriage-based Green Card. If they have been married for less than two years at the time Form I-485 is approved, USCIS will grant conditional permanent resident status and issue a Green Card valid for 2 years.

It is important to note that K-1 visas are only available for foreign nationals wishing to marry US citizens. Fiancé(e) visas are not available for those intending to marry US lawful permanent residents.

K-1 visa costs

The K-1 visa process typically takes 6-9 months from initial filing to visa approval. The mandatory government filing fee to get a K-1 visa in 2025 is $940 or $2380 for the K-1 visa and the "Adjustment of Status" form required to transfer from a K-1 visa to a marriage green card after arriving in the United States. The filing fee for a K1 visa is $675 but does not include the processing fee, medical exam, and K-1 adjustment of status form (if applicable). The biometrics fee is now included in the application fee. The K-1 visa application costs $940, as of March 2025. The two forms needed to apply for a K-1 visa are the I-129F and the DS-160.

Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case. Filing Form I-485, Application to Register Permanent Residence or to Adjust Status, also has a fee.

K-1 visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.

It is important to speak with an experienced immigration attorney to know what option would be best for you and your family.

K-1 visa processing times

K-1 visas are available to foreign nationals intending to marry US citizens. They are not available to those wishing to marry US lawful permanent residents.

The K-1 visa process begins with the US citizen filing Form I-129F, Petition for Alien Fiancé(e). The current processing time for this form is 6 to 8 months and is increasing for newly filed applications. The median processing time was just under 3 months in June 2024 but has been steadily rising since then.

After Form I-129F is approved, the case is forwarded to the National Visa Center (NVC), which can take 4-6 weeks. The NVC will then forward the case to the US embassy or consulate in the applicant's country, where they will complete Form I-134, Affidavit of Support. This form demonstrates the US citizen's financial ability to support their fiancé(e).

The total processing time for a K-1 visa is approximately 6 months, according to the most recent release by U.S. Citizenship and Immigration Services (USCIS). However, this does not include the time taken to gather the necessary documentation and complete the required medical examination.

It is important to note that K-1 visa applicants are encouraged to get the vaccinations required under US immigration law for immigrant visa applicants. Although such vaccinations are not mandatory for K-1 visa issuance, they will be required when adjusting status to that of a legal permanent resident following marriage.

Additionally, K-2 visas are available for children of K-1 visa holders, allowing them to travel with their parent or join them later. Separate petitions are not required if the children accompany or follow within one year of the K-1 visa issuance.

K-1 visa interview

K-1 visas are available to foreign nationals intending to marry US citizens. They are not available to those wishing to marry lawful permanent residents.

The K-1 visa interview is a crucial step in the K-1 visa application process. It is conducted by a consular officer, who will assess the authenticity of the couple's relationship and their plans to build a future together. The interview will take place at the US embassy or consulate in the applicant's home country, typically four to six weeks after the initial notice from the embassy or consulate. Here are some key instructions and guidelines for the K-1 visa interview:

• Notification and Scheduling: After your Form I-129F ("Petition for Alien Fiancé") and Form I-134 ("Affidavit of Support") are approved by the US Citizenship and Immigration Services (USCIS), you will receive a notification from your local US embassy or consulate regarding the interview. This notification usually arrives within 30 days of the application's approval and includes the date, time, and location of the interview, as well as a list of required documents.
• Required Documents: The following documents are typically required for the K-1 visa interview:

• Form DS-160: Complete the "Nonimmigrant Visa Application" (DS-160) online and print the confirmation page to bring to your interview.
• Valid Passport: Ensure your passport is valid for travel to the US and remains valid for at least six months beyond the intended period of stay in the US.
• Birth Certificate: Provide a copy of your birth certificate, translated into English.
• Divorce or Death Certificates: If applicable, provide divorce or death certificates of any previous spouses for both fiancés, translated into English.
• Medical Exam Documentation: Before the interview, obtain a medical examination from an embassy-approved physician. While not mandatory, it is strongly recommended that you fulfil the vaccination requirements at this time.
• Form I-134: Bring the "Affidavit of Support" form to the interview.
• Photographs: Provide two 2x2 photographs that meet the State Department's requirements.
• Evidence of Relationship: Create a timeline of your relationship and bring any evidence that illustrates your life as a couple, such as photographs, trips you've taken together, or joint financial commitments.

• Interview Attire and Conduct: While there is no official dress code for the interview, it is advisable to dress presentably and neutrally. Avoid being excessively underdressed or overly formal. During the interview, the consular officer will assess the authenticity of your relationship and your intentions to marry and build a life together in the US. They may ask for additional information or evidence, such as photographs or other proof of your relationship's genuineness. Be prepared to demonstrate that you can financially support yourself or that your US citizen fiancé(e) can provide support.
• Interview Outcome: Following the interview, the consular officer will make a decision on your K-1 visa application. If approved, the officer will provide you with your passport containing the K-1 visa and a sealed packet of your civil documents and other relevant papers. If your application is denied, it is relatively rare for this to occur without first being given the chance to submit additional evidence.

Additional Considerations:

• Children: If you have eligible children, they may apply for K-2 visas. Ensure you submit separate applications and pay the required visa application fees for each K visa applicant.
• Vaccinations: While not mandatory for the K-1 visa, it is highly recommended that you obtain the vaccinations required under US immigration law for immigrant visa applicants. These vaccinations will be necessary when adjusting your status to that of a legal permanent resident following your marriage.
• Rights and Protections: Before the interview, read the Rights and Protections pamphlet to understand your rights in the US regarding domestic violence, sexual assault, and child abuse, as well as the available protections. The consular officer will verbally summarise this information during the interview.
• Criminal Background: During the interview, you will be provided with any existing criminal background information on your US citizen fiancé(e) that USCIS received during the processing of your Form I-129F petition.

Remember, the K-1 visa interview is a critical step in the process of bringing your foreign fiancé(e) to the US. It is essential to be well-prepared, organised, and honest during the interview to increase your chances of a successful outcome.

K-1 visa alternatives

K-1 visas are designed for foreign nationals who are engaged to marry a US citizen and plan to get married in the US. If this does not apply to your situation, there are other visa options to consider.

CR-1 Spousal Visa

The CR-1 visa is a spousal visa that allows the spouse of a US citizen to enter the US as a permanent resident and receive a green card upon arrival. This visa is ideal for couples who are already married or plan to marry abroad. The CR-1 visa provides immediate immigration benefits, including the right to work and travel freely. The process is also more affordable in the long run, although upfront costs may be higher.

Marriage-based Immigrant Visa

If you want to get married abroad and complete the visa processing before coming to the US, you can opt for marriage-based immigrant visa processing at the US Consulate abroad. This process will allow your spouse to enter the US as a legal permanent resident and will not require them to apply for an EAD card. They will also be able to travel abroad using their green card. The process starts with filing Form I-130, Petition for Alien Relative, with the USCIS.

K-3 Visa

The K-3 visa is another option for foreign nationals who are married to a US citizen. However, in practice, this option is rarely chosen as the USCIS and State Department have stopped issuing K-3 visas. The process involves the US citizen filing Form I-130 and Form I-129F, Petition for Alien Fiancée, simultaneously. If the approved I-130 is received before the K-3 case is processed, the K-3 visa application will be administratively closed, and the National Visa Center will process the immigrant visa application instead.

It is important to carefully consider your unique situation and consult with an immigration attorney to determine the best visa option for your needs. Each visa has its own timeline, benefits, and costs, and understanding these differences can help you make an informed decision.

Frequently asked questions