Standard Operating Procedure
K-1 Fiancé(e) Visa
Visa for foreign fiancé(e) of a US citizen; must marry within 90 days of entry
The K-1 visa allows the foreign fiancé(e) of a US citizen to enter the US and marry within 90 days. The couple must have met in person at least once within the two years preceding the petition filing (In-Person Meeting Requirement). The petitioner must also comply with IMBRA (International Marriage Broker Regulation Act) disclosure requirements. After K-1 approval, the beneficiary interviews at a US consulate abroad, then adjusts status via I-485 after marrying within 90 days of entry.
Overall Workflow
Verify petitioner is a US citizen and both parties are legally unmarried. Confirm in-person meeting requirement within 2 years (or prepare hardship/cultural waiver if applicable). Review IMBRA disclosure questionnaire.
1-3 days
Note: IMBRA requires disclosure of petitioner's criminal history (DV, sexual offenses, etc.). If petitioner has filed 2+ prior K visa petitions, an IMBRA waiver is needed.
Gather relationship evidence (photos, communications, travel records). Compile proof of in-person meeting, petitioner's citizenship proof. Complete I-129F form with IMBRA disclosure and supporting documents. File with USCIS.
Preparation 2-4 weeks, USCIS processing 8-14 months
Prepare US citizenship proof (passport/birth certificate/naturalization certificate), valid ID, photos with fiancé(e), communication records, travel records. Provide evidence of in-person meeting (tickets, visa stamps, hotel receipts).
Truthfully complete IMBRA-required disclosures including criminal history, restraining orders, and prior K/spouse visa petition history. Understand this information will be shared with the beneficiary.
Concealing criminal history may result in denial and impact future immigration petitions.
Prepare passport, birth certificate, divorce decree (if applicable), police clearance. Provide relationship evidence with petitioner (communications, photos, travel evidence).
Upon receiving interview notice, complete DS-160 online application, medical exam (at designated clinic), prepare all original documents. Attend interview and truthfully answer questions about the relationship, meetings, and future plans.
1-4 weeks for visa issuance after interview
Interview focuses on relationship details: how you met, when you met in person, post-marriage plans. Both parties' accounts must be consistent.
After I-129F approval, case transfers to NVC then to the consulate abroad. Guide beneficiary through DS-160, medical exam, police clearance, and financial support (I-134). Conduct interview preparation.
Interview wait 2-6 months
After beneficiary enters on K-1 visa, marriage must occur within 90 days. Immediately prepare I-485 adjustment of status, concurrent I-765 (EAD) and I-131 (Advance Parole) upon marriage.
Within 90 days of entry
Critical: The 90-day deadline is strict — failure to marry results in loss of lawful status.
Prepare I-134 Declaration of Financial Support before the beneficiary's consular interview. Provide income proof, tax returns, bank statements. After marriage, a binding I-864 Affidavit of Support is required for I-485.
Arrange marriage logistics in advance (Marriage License application, venue, officiant). Ensure the legally valid wedding takes place within 90 days of beneficiary's entry. Obtain official Marriage Certificate.
K-1 visa is valid for 6 months; must enter within this period. The 90-day countdown begins upon entry — must marry the petitioner within this window. Cannot work on K-1 status until EAD is obtained.
Do not leave the US after entry until I-485 is approved or Advance Parole is obtained, or K-1 status is forfeited.
Steps by Role
Attorney Procedures
Verify petitioner is a US citizen and both parties are legally unmarried. Confirm in-person meeting requirement within 2 years (or prepare hardship/cultural waiver if applicable). Review IMBRA disclosure questionnaire.
Note: IMBRA requires disclosure of petitioner's criminal history (DV, sexual offenses, etc.). If petitioner has filed 2+ prior K visa petitions, an IMBRA waiver is needed.
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