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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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.


  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business

Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010