What are the requirements of obtaining a K-1 visa for my fiancé(e)?
• You must be a United States citizen
• Both you and your fiancé(e) must not currently be married
• You must have met your fiancé(e) in person within the last two years
(there are some very limited exceptions to this rule).
What are some of the reasons why my K-1 visa might be denied?
Assuming all of the qualifications above are met, K-1 visa approval rates are
generally very high. Minor errors or omission in your application often will not
lead to an outright denial of your application but can cause very significant
delays. Some of the other things you need to look out for are:
• If you or your fiancé(e) were previously married, has the marriage ended
in death annulment, or divorce?
• Has your spouse entered the United States illegally in the past or
overstayed the legal time limit for an approved stay the United States?
• Does you fiancé(e) have a criminal record? If so how serious is it?
What needs to be done after the K-1 visa is approved?
• Your fiancé(e) has six months to enter the United States
• After your fiancé(e) arrives in the United States you have 90 days to
marry each other (if your fiancé(e) marries someone else instead, they
will have to leave the United States and then apply for a Marriage Visa
instead). This 90 day period cannot be extended. If you do not marry
within 90 days, your fiancé(e) needs to leave the United States within that
time period and you must apply for another K-1 visa if you still hope to
get married at a later date.
• After your marriage, your new spouse can apply for an adjustment of
status to “conditional permanent residence”. Conditional status lasts for
two years after which you can file a joint petition to have the conditional
status removed making your spouse a permanent residence of the United
What if my fiancé(e) has a child?
If your fiancé(e) wishes to bring the child to the United States, then a K-2 visa
application needs to be made for each child who is:
• Under 21 years old
• Seeking to immigrate to the United States
Similar to the K-1 visa rules above, if the marriage between the engaged couple
does not happen within 90 days then the child or children of the fiancé(e) with
the K-1 visa must also leave the United States within 90 days.
Each case is different, so please give us a call at (612)656-9006 to schedule
an appointment so we can discuss your specific circumstances. By
specializing in immigration law and making good use of technology we have
been able to reduce our costs of handling immigration matters. We believe that
you will find our rates to be extremely competitive. If you don’t live near the
Wisconsin/Minnesota border there is no reason to worry. Immigration
involves federal law and most filings are made by mail, and with the assistance
of technology we can assist immigration clients from anywhere in the country