K-1 fiance visa

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~ Marija K

K-1 Fiancé(e) Visa

How long does a K-1 visa take today?

As of 2026, K-1 fiancé(e) visa processing typically takes between 10 and 16 months from start to finish, though times can vary based on USCIS workloads, the US consulate or embassy handling the case, and how quickly both parties respond to requests. The process involves three main stages: USCIS approval of the I-129F petition (5 to 10 months), National Visa Center processing (1 to 2 months), and the consular interview abroad (1 to 3 months). Working with an attorney helps avoid delays caused by missing documents or errors.

Can my fiancé(e) work while waiting for the K-1 visa?

No. Your fiancé(e) cannot work in the United States while waiting for the K-1 visa to be approved they must remain outside the US during the consular processing stage. Once they enter the US on the K-1 visa and you marry, they can apply for a work permit (Employment Authorization Document, or EAD) as part of the adjustment of status process. This work permit typically takes 3 to 10 months to be approved after filing today.

What happens if my K-1 visa is denied?

If a K-1 visa is denied, the consular officer will provide a written reason. Common causes include insufficient income, concerns about the bona fides of the relationship, a prior immigration violation, or a criminal history. Depending on the reason, you may be able to overcome the denial by providing additional evidence, filing a waiver, or reapplying. Some denials are final and not subject to appeal. An immigration attorney can review the denial notice and advise you on the best path forward.

How long do we have to get married after the K-1 visa is approved?

Once your fiancé(e) enters the United States on the K-1 visa, you have exactly 90 days to get married. This deadline is strict and cannot be extended. If you do not marry within 90 days, your fiancé(e) must leave the US. After marrying, you can begin the process to adjust your spouse's status to permanent resident (green card).

What is the difference between a K-1 visa and a IR-1 / CR-1 marriage immigrant visa?

A K-1 visa is for couples who are not yet married it allows a foreign-citizen fiancé(e) to come to the US specifically to marry their US citizen partner within 90 days. A marriage visa (more formally called an immigrant visa via consular processing, or adjustment of status if the spouse is already in the US) is for couples who are already legally married. Both paths lead to a green card, but the timeline, process, and documents required are different. An attorney can help you determine which path is faster and more appropriate for your situation.

Can I apply for a K-1 visa if I've been married before?

Yes. Prior marriages do not automatically disqualify you from the K-1 process. However, you must provide proof that all prior marriages have been legally terminated through divorce decrees, annulments, or death certificates. USCIS and consular officers will review prior marriages carefully to ensure there are no issues, such as a prior immigration marriage fraud finding. Having proper documentation of all prior marriages is essential.

Click here to read about common mistakes impacting couples... This article was written for the Canadian "Law Now" Magazine, but is widely applicable to couples from anywhere in the world.

In order to bring your fiancé(e) to the United States, you must follow strict U.S. Citizenship and Immigration Services (USCIS) guidelines.

In order to file a fiancé(e) petition you must:

Be a US citizen.
Prove that you have met your fiancé(e) in person in the past two years, or demonstrate a valid reason why you are unable to arrange a meeting. A valid reason normally involves a disability or religious or cultural custom; not financial reasons.
Prove that you and your fiancé(e) are legally free to marry. It is not acceptable for you to just be separated from a previous spouse. If either of you were previously married you must have a finalized divorce.
Additionally, once the K-1 fiancé(e) visa is issued and your fiancé is admitted to the United States, you must marry your fiancé(e) within 90 days, or your fiancé(e) will be required to leave the country and have no chance to adjust their status to Legal Permanent Resident (green card).

The process to bring your fiancé(e) to the United States is two parts, and the burden is on you to prove to immigration officials that you are eligible for the K-1 visa.

To read more about the process, this article continues below. You can also contact us for a free consultation.

* Part I – “USCIS Approval”

Historically USCIS normal processing time for Part I is 3 to 18 months, when applications are properly submitted and monitored by an attorney. Otherwise wait times can be significantly longer. Contact us today for a more accurate quote on current processing times based upon what we are seeing right now...

The first part of a K-1 petition begins with filing an petition package with USCIS. This package will include evidence to establish that you have personally met your fiancé(e) in the past two years and that you are both legally able to marry.

Importantly, the International Marriage Broker Regulation Act (signed into law January 5, 2006) provides that a petitioner for a fiancé(e) K-1 must submit with his or her application information on any criminal convictions for any of the following specified crimes: Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking, Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment OR Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act. This can include Driving Under the Influence (DUI) and public intoxication.

The International Marriage Broker Act can complicate the K-1 fiancé visa petition process if you have been convicted of any of the listed crimes or have filed previous K-1 fiancé petitions in the past. You should discuss all past immigration petitions and any criminal convictions with your lawyer.

Once USCIS receives the petition and accompanying documentation, USCIS will issue a receipt on Form I-797 to both you and your attorney with a receipt number, which can be used to check your case status online.

If USCIS has no questions about the case, they will eventually approve the petition and send the petition to the National Visa Center and from there to the Consulate nearest to where your fiancé(e) resides.

If, however, USCIS has additional questions, they will issue a “Request for Evidence” or “RFE”. If an RFE is issued with questions about the petition we have only 30 days to respond. Should an RFE be issued in your case, your attorney will see to it that it is responded to fully and promptly with the requested information. All correspondence with USCIS is made by express mail. Failure to respond to an RFE in time or without the proper information will result in a denial of the petition.

* Part II – National Visa Center, The Local U.S. Embassy / Consulate, and Visa Stamping

Normal processing time is about 2 to 6 months, when documents and forms are properly submitted and monitored by your attorney. Otherwise wait times can last significantly longer.

Part II involves 'Consular Processing', when more forms and supporting documents will be provided to the U.S. Department of State. During this part the foreign national will be required to obtain a valid passport that is good for at least six months from his or her country. Additionally, they will be required to undergo a medical exam at a doctor designated by the local U.S. Consulate. Further, they will need to obtain a police certificate from the authorities in every country they have lived in for six months or more since reaching 16 years of age. Your attorney will assist you will all of these tasks and more.

Once these tasks are completed, the U.S. Consulate will notify the foreign national to appear at the Consulate for a 'fiancé visa' interview. The U.S. citizen fiancé(e) does not need to attend this interview, but can if he or she wants at the discretion of the Consulate. At the interview, the Consular Officer will closely scrutinize the visa application. The Immigration examiner tends to look for several things:

That there is a bona fide relationship
To confirm the information on the forms, or make changes, if necessary, for example, change of address or phone number
Whether the foreign national has violated U.S. Immigration laws
That the foreign national is not a criminal or terrorist
That the U.S. citizen Petitioner can 'financially support' the foreign national

It is very important to work closely with your attorney to prepare for this interview, to ensure that the visa is approved. This is where most cases develop issues if applicants are not fully prepared for what to expect.

At the end of the interview, the Consular Officer will render a decision on the case. If approved, the foreign national will receive a visa in his or her passport. Sometimes it can take a few weeks to obtain the actual visa. Therefore no travel arrangements should be made until the foreign national actually receives their passport and visa back from the U.S. Consulate. Upon receiving the fiancé visa, the foreign national may travel to the United States, and upon landing on U.S. soil, they will be admitted to the United States as a fiancé on the K-1 Visa.

Once your fiancé is admitted to the United States, you must marry your fiancé within 90 days or your fiancé will be required to leave the country, and have no chance to adjust their status. Employment may be authorized during this period by filing additional forms with USCIS.

Once you marry your fiancé within 90 days, your spouse may now file for their adjustment of status to legal permanent resident and get their green card. To learn more about this next part of the process, or to simply get started, contact us for a free consultation.