K-1 Visa Lawyer: Fiancé Visa Process & Legal Help in the US

Index

• What Is the K-1 Fiancé Visa?
• K-1 Visa Eligibility Requirements (Updated for 2025)
• K-1 Visa Application Process
• K-1 Visa Costs and Fees (Updated for 2025)
• Proving a Bona Fide Relationship
• Common K-1 Visa Questions (FAQ)
• Why Hire a K-1 Visa Lawyer in New York or New Jersey

Are you planning to start your life together in the United States?

A K-1 fiancé(e) visa allows a U.S. citizen to sponsor their foreign fiancé(e) for entry into the U.S. for the purpose of marriage and permanent residence.

At Gozel Law Firm, our New York City and New Jersey immigration attorneys help couples navigate every stage of the process, from filing Form I-129F with U.S. Citizenship and Immigration Services (USCIS) to the consular interview and adjustment of status after marriage.

With our years of experience in family-based immigration, we will ensure that your petition is complete, submitted on time, and prepared strategically to avoid delays or denials.

Whether you’re a U.S. citizen planning to bring your partner to America or a fiancé(e) currently overseas, our team will provide you with personalized guidance throughout your entire K-1 visa journey.

Schedule a consultation with our K-1 visa lawyers in NYC or NJ to start your fiancé visa process today.

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What Is the K-1 Fiancé Visa?

The K-1 Fiancé Visa is a temporary U.S. visa that allows an engaged partner of an American citizen to travel to the United States for marriage.
After the visa is granted and the foreign fiancé(e) arrives in the country, the couple must get married within 90 days to remain in legal status.

After marriage, the foreign spouse can apply for a Green Card (Form I-485, Adjustment of Status) to become a lawful permanent resident.

This visa is designed to help engaged couples living in different countries start their lives together in the U.S. It’s one of the few visa categories that leads directly to permanent residency through marriage, so accuracy, timing, and proper documentation are critical from the beginning.

Who Can Apply for a Fiancé Visa?

Only U.S. citizens, not green card holders, can file a K-1 petition on behalf of their fiancé(e).

• The couple must plan to marry within 90 days of the foreign partner's arrival in the U.S.
• They must be legally free to marry, which means all prior marriages must have ended through either divorce or annulment.
• Couples must also have met in person at least once within the past two years unless a waiver applies due to cultural traditions or exceptional hardship.

K-1 Visa Eligibility Requirements (Updated for 2025)

To qualify for a K-1 fiancé(e) visa, both partners must meet several legal and procedural requirements established by the U.S. Citizenship and Immigration Services (USCIS).

1. Only U.S. citizens can file Form I-129F on behalf of a foreign fiancé(e). Green card holders are not eligible.
2. Both partners must be legally free to marry. If either partner was previously married, that marriage must be fully terminated (divorce, annulment, or death certificate required).
3. You must have met in person within the past two years. USCIS requires that the couple meet physically at least once during the two years before filing Form I-129F. Proof includes passport stamps, travel receipts, or photos of the couple together.

4. The 90-Day Marriage Requirement for a K-1 Visa: Once the foreign fiancé(e) arrives in the U.S. on a K-1 visa, the couple has 90 days to marry. If they do not marry within this period, the visa expires and the foreign national must leave the country.
   Failing to marry or overstaying K-1 status can lead to serious immigration consequences, including deportation and future visa ineligibility.

5. A possible waiver of the meeting rule may be granted by USCIS if (1) a meeting would violate strict cultural or religious customs or (2) it would cause exceptional hardship to the U.S. citizen petitioner. Requests must be submitted with Form I-129F and supported by credible documentation.
6. Proof of a Genuine Relationship: The relationship must be bona fide and not entered into for immigration benefits. Evidence often includes photos, communication records, travel itineraries, and letters from family or friends.
7. Financial Support Evidence: During the consular interview, the U.S. citizen must submit Form I-134 (Affidavit of Support) to demonstrate sufficient income.
   Starting in 2025, sponsors must earn at least 100% of the federal poverty guidelines, which is approximately $26,430 for a household of two.
   If your income is lower than this amount, you may include a joint sponsor who meets the requirement.

K-1 Visa Application Process

The process of applying for a K-1 fiancé(e) visa requires coordination between the U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Embassy or Consulate in your fiancé(e)'s country.

Each stage must be completed carefully to avoid delays or denials.

Step 1: File Form I-129F with USCIS

The U.S. citizen begins the process by filing Form I-129F, "Petition for Alien Fiancé(e)."
This form documents the couple’s relationship and requests permission for the foreign fiancé(e) to apply for a K-1 visa.
Once filed, USCIS will issue a receipt notice and later a decision. If approved, the case is forwarded to the National Visa Center for the next stage.

Step 2: Case Transfer to the National Visa Center (NVC)

After USCIS approves the petition, the NVC assigns it a case number.
The NVC then forwards the case to the appropriate U.S. embassy or consulate where the foreign fiancé(e) resides.
The applicant will receive instructions for completing Form DS-160 (Online Nonimmigrant Visa Application) and submitting the necessary civil documents.

Step 3: Medical Examination and Consular Interview

Before the visa interview, the foreign fiancé(e) must undergo a medical examination with an embassy-approved physician.
During the interview, a consular officer will review the documents and verify the authenticity of the relationship. Commonly required items include:

- Valid passport, passport-style photos of U.S. petitioner and the foreign fiancé(e)

- Confirmation page of Form DS-160

- Birth certificate

- Police certificates

- Medical examination results

- Form I-134 (Affidavit of Support) from the U.S. citizen

- Proof of the genuine (bona-fide) relationship (photos, messages, travel records - Form I-94).

- Waiver request if needed

If approved, the K-1 visa will be placed in the applicant’s passport and will typically be valid for six months and allow for one entry.

Step 4: Entering the U.S. and Marriage

After being admitted to the U.S. with a K-1 visa, the fiancé(e) has 90 days to marry the petitioner who is a U.S. citizen.
K-1 status cannot be extended after marriage, so failure to marry within 90 days requires leaving the country.

Step 5: Apply for a Green Card (Adjustment of Status).

After getting married, the foreign partner can apply to stay in the United States permanently by submitting Form I-485, which is the application to become a lawful permanent resident. Additional forms, such as Form I-864 (Affidavit of Support) and Form I-765 (Application for Employment Authorization - EAD), may also be submitted at this stage. Once approved, the spouse receives a conditional green card valid for two years.

The K-1 visa process involves detailed paperwork and strict deadlines at each step.
Working with an experienced immigration lawyer can help you avoid common mistakes and requests for evidence (RFEs).
At Gozel Law Firm, we guide couples through every stage of the fiancé visa process, from filing Form I-129F to submitting the final green card application, so you can focus on your future together.

Schedule a consultation with our K-1 visa attorney today and get personalized guidance for your case.

K-1 Visa Costs and Fees (Updated for 2025)

Applying for a K-1 fiancé(e) visa involves several government filing fees and related expenses. Understanding these costs early helps couples plan their immigration journey without surprises.

Important: The USCIS now offers a small discount for filing Form I-129F online instead of by mail. Filing fees can change, so always check the latest amounts on the USCIS filing fees page.

You may also need to cover minor expenses such as document translations, passport photos, police certificates, and mailing costs, which typically add a few hundred dollars in total.

Proving a Bona Fide Relationship

Proving that your relationship is real is one of the most important parts of the K-1 visa process.
In today’s world, relationships often exist both offline and online, so your evidence can reflect that reality.

You can include:

• Photos of you together at different times and places, not just posed shots but also everyday moments.
• Travel records, such as flight tickets, passport stamps, or hotel confirmations;
• Digital communication logs, such as screenshots from WhatsApp, Instagram, or Messenger that show genuine conversations over time.
• Social media interactions, such as tagged posts, shared memories, or engagement announcements.
• You can also include affidavits from family or friends who know your story as a couple.

The goal isn’t to overwhelm USCIS with hundreds of pages, but rather to provide clear evidence of a genuine, ongoing relationship. A few strong, well-organized examples are much more effective than scattered or repetitive evidence.

If you’re unsure what to include, our fiancé visa lawyer can help you select and organize the right evidence to strengthen your case.

K-1 Visa Processing Times (2025 Update)

Although exact timelines vary by location and case volume, the average processing time for a K-1 fiancé visa in 2025 is as follows:

Processing times change based on USCIS workload and embassy scheduling. For the latest data, check the official USCIS Processing Times tool.

Common K-1 Visa Questions (FAQ)

1. How long do we have to marry after entering the U.S.?

You must marry your U.S. citizen fiancé(e) within 90 days of arriving in the United States. If you don’t marry in time, your K-1 status expires and you must leave the country.

2. Can I work in the U.S. with a K-1 visa?

You can apply for temporary work authorization after entry, but most applicants wait to file for a Green Card and work permit together after marriage.

3. Can I extend my K-1 visa?

No. The K-1 visa cannot be extended or renewed. If the marriage doesn’t occur within 90 days, you must depart the U.S.

4. If my partner is a green card holder, can I still apply for the K-1 visa?

No, the K-1 visa is only for fiancés of U.S. citizens. If your partner has a green card, you must first get married, and then they must file Form I-130 for you under the F2A spousal visa category. This process takes longer and is subject to visa quotas.

5. How do I apply for a Green Card after entering the U.S. with a K-1 visa?

After marriage, file Form I-485 (Adjustment of Status) to apply for a Green Card. You can also submit Form I-765 for a work permit and Form I-131 for travel authorization.

6. Do I need an Affidavit of Support for the K-1 visa?

Yes. The U.S. citizen must file Form I-134 (Declaration of Financial Support) at the consular stage and Form I-864 later when applying for a Green Card.

7. What is the difference between the K-1 visa and the K-3 visa?

The K-1 visa is for fiancés of U.S. citizens who plan to marry in the U.S.
The K-3 visa is for foreign spouses waiting for an immigrant visa. K-3 visas are now rarely used.

8. How long does the K-1 visa process take in 2025?

The full process typically takes 8-12 months from filing to visa issuance, depending on USCIS and embassy processing times.

9. What is the two-year meeting rule for the K-1 visa?

In order to qualify for a K-1 visa, you and your fiancé(e) must have met at least once within the two years prior to submitting your application, unless a cultural or hardship exemption applies.

10. What if I’ve never met my fiancé(e) in person?

You can request a waiver of the in-person meeting rule if meeting in person would go against cultural or religious traditions, or if it would create serious hardship for the U.S. citizen petitioner.

11. What happens if we don’t marry within 90 days?

If you don’t marry your U.S. citizen partner within 90 days, your visa expires and you must leave the U.S. to avoid unlawful presence.

12. What if my K-1 visa is denied?

Most denials happen due to missing or inconsistent evidence. You can fix the issues and reapply with stronger documentation.

13. Can I study in the U.S. on a K-1 visa?

Yes. You may study while waiting to marry, though the visa’s main purpose remains marriage, not education.

14. Can I travel outside the U.S. after receiving a K-1 visa?

A K-1 visa allows entry only once. You cannot leave the country and reenter before getting married. After filing for a green card (Adjustment of Status), you can apply for Advance Parole to travel.

15. Can my children come with me?

Yes. Unmarried children under 21 can receive K-2 visas to accompany or follow you to the United States.

16. When can I apply for a Green Card after marriage?

You can apply immediately after marriage by submitting Form I-485 to USCIS.

Still have questions about your case? Contact our K-1 visa law firm to speak with an experienced fiancé visa lawyer today.

Why Hire a K-1 Visa Lawyer in New York or New Jersey

The K-1 visa process can feel personal and complex. It’s not just about filling out forms; it’s about building a future together.
A dedicated K-1 visa lawyer understands how much is at stake and can help you avoid small mistakes that could cause significant delays.

At Gozel Law Firm, we work with couples across New York and New Jersey to simplify the fiancé visa process, making it faster and less stressful.

Our immigration team reviews every document and ensures that your evidence of the relationship is strong. We also communicate with USCIS and consulates on your behalf.

We also help with the next steps after marriage, including Green Card (Adjustment of Status) and work authorization filings, so you can focus on starting your new life together.

Start your journey with an experienced K-1 visa law firm you can trust. Schedule a consultation today and take the first step toward building your life together in the U.S.

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