K Visas: Fiancé(e) & Spouse Visas
K-1 Fiancé(e) Visa
For U.S. citizens engaged to marry foreign nationals. Allows fiancé(e) to enter the U.S. to marry within 90 days and then apply for permanent residence.
Timeline: 10-18 months total process
Work Authorization: After marriage and I-485 filing
Key Requirement: Must have met in person within 2 years
K-3 Spouse Visa
For spouses of U.S. citizens living abroad while I-130 petition is pending. Rarely used today as direct I-130 processing is often faster.
Status: Less commonly used since 2005
Alternative: Direct I-130 consular processing usually faster
Advantage: Allows work authorization immediately upon arrival
K-1 vs K-3 Comparison
| Aspect | K-1 Fiancé(e) | K-3 Spouse |
|---|---|---|
| Eligibility | Engaged to marry, not yet married | Already married to U.S. citizen |
| Timeline | 8-15 months to visa, then 90 days to marry | Usually longer than direct I-130 processing |
| Work Authorization | Can apply after marriage and I-485 filing | Can apply immediately with Form I-765 |
| Travel | Limited - must adjust status after marriage | Can travel with advance parole or maintain K-3 status |
| Current Usage | Widely used - about 35,000 annually | Rarely used - most choose direct I-130 processing |
K-1 Fiancé(e) Visa Process
Complete K-1 Application Timeline
File Form I-129F
U.S. citizen files petition for alien fiancé(e)
Required Documents:
- •Form I-129F petition
- •Evidence of meeting within 2 years
- •Proof of legal freedom to marry
- •Photos and relationship evidence
- •$535 filing fee (as of 2024)
NVC Processing & Case Transfer
National Visa Center processes approved petition
Required Documents:
- •Approved I-129F petition
- •Form DS-160 online application
- •Supporting civil documents
- •Medical examination scheduling
Consular Interview
Fiancé(e) attends interview at U.S. consulate
Required Documents:
- •Valid passport
- •Medical examination results
- •Police certificates
- •Financial support evidence
- •Interview appointment letter
Entry to U.S. & Marriage
Enter U.S. and marry within 90 days
Required Documents:
- •K-1 visa in passport
- •Sealed packet from consulate
- •Marriage ceremony within 90 days
- •Marriage certificate for adjustment
Adjust Status to Permanent Resident
File I-485 after marriage for green card
Required Documents:
- •Form I-485 application
- •Marriage certificate
- •Form I-864 Affidavit of Support
- •Medical examination (I-693)
- •Supporting evidence of bona fide marriage
K-1 Requirements
K-1 Fiancé(e) Visa Eligibility Requirements
- Both parties are legally free to marry
- Couple has met in person within 2 years before filing
- U.S. citizen petitioner (not permanent resident)
- Intent to marry within 90 days of entry to U.S.
- Financial support meeting 125% of poverty guidelines
- Background checks and medical examination
- No previous K-1 visa (with limited exceptions)
K-3 Spouse Visa Process
Important Note About K-3 Visas
K-3 visas are rarely issued today because direct I-130 consular processing is typically faster than the K-3 process. Most couples choose to complete I-130 processing abroad rather than pursue K-3.
Consider K-3 only if you need immediate work authorization or have special circumstances requiring presence in the U.S.
K-3 Process (When Applicable)
File Form I-130 (if not already filed)
U.S. citizen files family petition for spouse
Required Documents:
- •Form I-130 petition
- •Marriage certificate
- •Proof of U.S. citizenship
- •Evidence of bona fide marriage
File Form I-129F for K-3
File K-3 petition while I-130 is pending
Required Documents:
- •Form I-129F (K-3 specific)
- •Copy of pending I-130 receipt
- •Marriage certificate
- •Evidence of ongoing relationship
Consular Processing
Spouse attends interview for K-3 visa
Required Documents:
- •Form DS-160 application
- •Medical examination
- •Police certificates
- •Financial support evidence
Entry & Status Options
Enter U.S. and choose between K-3 processing or wait for I-130
Required Documents:
- •Decision to continue K-3 or wait for I-130
- •Form I-485 if adjusting from K-3
- •Or continue consular processing for I-130
K-3 Requirements
K-3 Spouse Visa Requirements
- Valid marriage to U.S. citizen
- I-130 family petition already filed
- Marriage occurred abroad or outside U.S.
- Spouse living outside the United States
- Financial support meeting 125% of poverty guidelines
- Background checks and medical examination
Important K Visa Considerations
K-1 Specific Rules
- • 90-day marriage deadline: Cannot be extended
- • Must marry petitioner: Cannot marry someone else
- • One-time use: Generally cannot get second K-1
- • Children (K-2): Unmarried children under 21 can accompany
- • No work authorization: Until after marriage and I-485 filing
Common Challenges
- • Meeting requirement: Must prove in-person meeting
- • Relationship evidence: Extensive documentation required
- • Financial support: I-864 Affidavit of Support needed
- • Country-specific delays: Processing times vary by consulate
- • Interview preparation: Extensive relationship questions