Who qualifies for a K-1 visa?

Only a U.S. citizen can file Form I-129F. The couple must meet these conditions.

  • Both partners are legally free to marry, and any earlier marriage ended by divorce, death, or annulment.
  • Both partners intend to marry within 90 days after the fiancé(e) enters on the K-1 visa.
  • The partners met in person at least once in the 2 years before filing.
  • USCIS can waive the meeting if it would cause extreme hardship to the U.S. citizen. It can also waive it if a meeting would violate strict, long-established customs of the fiancé(e)'s culture.
  • The K-1 visa is not an option if you are already married, plan to marry abroad, or your fiancé(e) lives legally in the U.S.

What does IMBRA require from the U.S. citizen?

The International Marriage Broker Regulation Act (IMBRA) adds disclosure rules and filing limits.

  • Disclose protection orders, arrests, and convictions for specified crimes, such as domestic violence, sexual assault, child abuse, and stalking.
  • Send certified court and police records for those cases, even if a court sealed or expunged them.
  • If USCIS approves the petition, the State Department gives this information to your fiancé(e).
  • A waiver is necessary if you filed for two or more earlier fiancé(e)s, or filed an approved petition less than 2 years ago.

What documents does the consulate ask for?

USCIS sends the approved petition to the National Visa Center (NVC), which sends it to the consulate, generally where your fiancé(e) lives.

The State Department also instructs K-1 and K-2 applicants to set their social media profiles to public.

  • Form DS-160 confirmation page and a passport valid 6 months beyond the planned stay
  • Birth certificate, and divorce or death certificates for earlier marriages of either partner
  • Police certificates from the current country and any country of residence for 6 months or more since age 16
  • Medical exam results from a panel physician
  • Evidence of support. The officer may ask for Form I-134, which uses 100 percent of the federal poverty guideline.
  • Evidence of the relationship, such as photographs

What happens after your fiancé(e) enters the United States?

The K-1 visa allows one entry within its validity, up to 6 months from issuance. You must marry within 90 days of admission, and USCIS cannot extend K-1 or K-2 status.

After the wedding, your spouse files Form I-485 with your Form I-864, Affidavit of Support, which uses a 125 percent income minimum. If your spouse had the medical exam abroad, a new exam may not be necessary, but your spouse must still prove the required vaccinations.

USCIS usually interviews the couple. If the marriage is less than 2 years old at approval, the green card is conditional. You then file Form I-751 together in the 90 days before it expires.

How much does it cost, and how long does it take?

Processing times vary, so check the USCIS processing times tool. The State Department charges its own fee for each K visa application, and the medical exam costs extra.

These USCIS fees come from Form G-1055, edition 10/16/26, as of October 2026.

  • Form I-129F: $675
  • Form I-485, general fee: $1,440 on paper or $1,390 online
  • Form I-485, child under 14 who files with a parent: $950 on paper or $900 online
  • Forms I-864 and I-134: no USCIS filing fee
  • Form I-765 work permit while a fee-paid Form I-485 is pending: $260

K-1 visa or spousal immigrant visa (CR-1 or IR-1)?

With a K-1 visa, the couple marries in the United States, and the spouse then applies for the green card through USCIS.

With a CR-1 or IR-1 visa, the couple marries first, the U.S. citizen files Form I-130, and the spouse enters as a permanent resident. The Form I-130 fee is $675 on paper or $625 online as of October 2026. The visa is CR-1 if the marriage is less than 2 years old at entry.

What changed in 2025 and 2026?

Proclamation 10998 took effect on January 1, 2026. For 19 countries, such as Haiti and Iran, it suspends immigrant and nonimmigrant visas, including K visas, with limited exceptions. For partial-suspension countries, such as Venezuela and Cuba, it suspends immigrant visas and B, F, M, and J visas.

The proclamation text does not list K visas for partial-suspension countries. Still, the U.S. Embassy in Zimbabwe, a partial-suspension country, says it suspended K visas for its nationals. The old exception for spouse immigrant visas (IR-1 and CR-1) no longer applies.

For residents of Venezuela, the U.S. Embassy in Bogotá schedules immigrant visa interviews, and its instructions cover K fiancé(e) applicants.

USCIS memos PM-602-0192 and PM-602-0194 put holds on pending applications from nationals of listed countries. A federal court vacated them in June 2026, and USCIS treats them as not in effect. On August 14, 2026, the First Circuit refused to stay that ruling, except for re-review of approved benefits.

A new public charge rule covers Form I-485 applications filed on or after September 18, 2026, including K-1 cases. USCIS now considers any means-tested public benefits received on or after that date.

Since August 5, 2026, USCIS may deny a filing that lacks required initial evidence without first asking for more evidence.

A May 2026 USCIS memo, PM-602-0199, calls adjustment of status extraordinary, discretionary relief. The memo notes exceptions where adjustment is the only path to a green card. These rules may change, so ask for a case-specific review before you file or travel.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. The firm checks eligibility and IMBRA issues, plans the relationship evidence, and prepares Form I-129F. It prepares your fiancé(e) for the interview, prepares Forms I-485 and I-864, and answers requests for evidence (RFEs). Service is in English and Spanish.

Step by step

  1. File Form I-129F

    The U.S. citizen files the petition with proof of citizenship, freedom to marry, and the in-person meeting.

  2. USCIS approval

    USCIS sends the approved petition to the NVC, which sends it to the consulate. A consular officer can revalidate an expired approval.

  3. Visa application

    Your fiancé(e) completes Form DS-160, gets the medical exam, and collects civil documents and police certificates.

  4. Interview and travel

    After the consulate issues the visa, your fiancé(e) can enter once. Do not open the sealed packet from the consulate.

  5. Marriage within 90 days

    Marry within 90 days of admission. You cannot extend this period.

  6. Green card application

    Your spouse files Form I-485 with Form I-864. If the green card is conditional, file Form I-751 later.

Frequent questions

Can a green card holder sponsor a fiancé(e) on a K-1 visa?

No. Only a U.S. citizen can file Form I-129F. A permanent resident can file Form I-130 for a spouse after the wedding.

What happens if we do not marry within 90 days?

Your fiancé(e) generally must leave, because USCIS cannot extend K-1 status. If you marry after the 90 days, you may file Form I-130 for your spouse.

Can my fiancé(e) work after arrival?

Yes, with a work permit. A Form I-765 filed after admission covers only the 90 days. Your spouse can also file Form I-765 with Form I-485.

Can my fiancé(e)'s children come too?

Yes, if they are unmarried, under 21, and listed on Form I-129F. They get K-2 visas and travel with the K-1 parent or later, within one year of the K-1 visa issuance. They file their own Form I-485 and must stay unmarried.

Is the K-1 visa suspended for Venezuelan nationals?

The proclamation text does not list K visas for Venezuela, but one U.S. embassy treats K visas as suspended for another partial-suspension country. Ask for a case review before you file.

Related

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