K1 VISA – DLG

K-1 Visa Frequently Asked Questions

What is the purpose of the K-1 visa?

The K-1 visa, also known as the “Fiancé(e) Visa,” is designed to allow U.S. citizens to bring their foreign fiancé(e)s to the United States for the purpose of getting married within 90 days of arrival.

Who is eligible for a K-1 visa?

To be eligible for a K-1 visa, you must meet the following criteria:

Be a U.S. citizen.

Be legally free to marry (not already married to someone else).

Intend to marry your fiancé(e) within 90 days of their arrival in the U.S.

Have physically met your fiancé(e) in person at least once within the two years before filing the petition (with certain exceptions).

How does the K-1 visa application process work?

The K-1 visa application process typically involves the following steps:

The U.S. citizen petitioner files a Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).

USCIS reviews the petition and, if approved, sends it to the National Visa Center (NVC).

The foreign fiancé(e) applies for the K-1 visa at the U.S. embassy or consulate in their home country.

After obtaining the K-1 visa, the foreign fiancé(e) travels to the U.S.

The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S.

After marriage, the foreign spouse can apply for adjustment of status to obtain lawful permanent residency (a green card).

Can my fiancé(e) work in the U.S. on a K-1 visa?

Yes, your fiancé(e) can apply for work authorization (Form I-765) once they arrive in the U.S. They will be eligible to work while their K-1 visa status is valid.

Can my fiancé(e)'s children come to the U.S. with them on a K-1 visa?

Yes, the unmarried children (under 21) of your fiancé(e) can accompany them to the U.S. on K-2 visas. You must include them in the initial K-1 visa petition.

What happens if we don't marry within 90 days of my fiancé(e)'s arrival on a K-1 visa?

If you do not marry within the 90-day period, your fiancé(e) will be out of status, and they may need to leave the United States.

Can I apply for a green card (permanent residency) directly with the K-1 visa?

After marriage, your fiancé(e) can apply for adjustment of status (Form I-485) to obtain lawful permanent residency (a green card) in the U.S.

Can my fiancé(e) travel outside the U.S. on a K-1 visa?

Once your fiancé(e) arrives in the U.S. on a K-1 visa, they should generally avoid international travel until they receive work authorization and advance parole (permission to travel). Traveling without advance parole can result in abandonment of the adjustment of status application.

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Appreciate the Davidson Law Group for helping me secure approval for my H1b visa. The paralegal working with me was very responsive in answering the questions I had (usually always responded to my messages the day of my inquiry) and the answers were always detailed and professional. Would recommend working with the law group!

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To the entire Davidson Law Group team, thank you so much for all the support during the past three years of my immigration journey in the US. They were especially supportive and responsive to all my queries about the different visas and were always prompt and kind. I especially appreciated it when Leyla got back to me beyond working hours on a Friday with, "Congratulations, your H1B has been picked." It definitely made my and my close ones' weekend a tad better. I would recommend them for sure just because I appreciated their humane approach to all of their cases. Kudos to all of you.