Understanding the K1 Visa: A Comprehensive Guide

The K1 visa, commonly known as the fiancé visa, is a unique type of visa designed for the foreign-citizen fiancé(e)s of United States citizens. With the guidance of Root Law Group, we provide a detailed overview of the K1 visa, exploring its requirements, process, and the role of a K1 visa lawyer or attorney in facilitating this journey.

Introduction to the K-1 Visa

The K1 visa falls under the United States immigration law, allowing engaged couples to be together in the U.S. for the purpose of marriage. It’s a nonimmigrant visa, which means it’s temporary and specifically meant for the fiancé(e) of a U.S. citizen to enter the United States. Once the marriage takes place, the foreign national can apply for an adjustment of status to become a lawful permanent resident. This process is essential for the foreign fiancé(e) to eventually obtain a Green Card, allowing them to live and work in the United States indefinitely.

Key Features of the K 1 Fiance Visa

  • Purpose: Solely for the foreign fiancé(e) of a U.S. citizen to enter the United States.
  • Marriage Requirement: The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S.
  • Status: Nonimmigrant, but holders can adjust their status post-marriage.

Eligibility Criteria for the K1 Visa

To be eligible for a K1 visa, applicants must meet certain criteria:

  • Proof of a bona fide relationship with a U.S. citizen: Applicants must provide evidence that their relationship is genuine and not merely for the purpose of obtaining an immigration benefit. This can include photographs together, correspondence, joint financial documents, and affidavits from friends and family confirming the relationship. It’s evaluated to ensure that the relationship is legitimate and not fraudulent.
  • Intention to marry within 90 days of entering the U.S.: This is a defining characteristic of the K1 Visa. The visa is specifically intended for couples planning to marry soon after the foreign-citizen fiancé(e) arrives in the U.S. This intention must be clearly stated and the couple must actually marry within 90 days of the fiancé(e)’s entry into the United States. Failure to marry within this timeframe can lead to legal complications and possible deportation.
  • Legal ability to marry, meaning both parties are legally free to marry: Both the U.S. citizen and the foreign fiancé(e) must be legally eligible to marry. This includes being of legal age and, if previously married, having legal documentation (such as divorce decrees) to prove that any previous marriages have been legally terminated. This ensures that the upcoming marriage complies with U.S. legal standards.
  • Financial stability: The U.S. citizen must demonstrate the ability to support the fiancé(e): They must file an Affidavit of Support to show that they have sufficient income or assets to support their fiancé(e) in the United States. This is to ensure that the foreign fiancé(e) will not become a public charge or financial burden on the state. The income requirements are generally set at 100% of the federal poverty guidelines. It can vary depending on circumstances, such as the presence of dependents.

The Application Process

The K1 visa application process involves multiple steps, each crucial for a successful visa approval.

Step 1: Petition for Alien Fiancé(e) (Form I-129F)

The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship and intention to marry.

Step 2: Visa Application

Once the I-129F is approved, the foreign fiancé(e) can apply for the K1 visa at a U.S. embassy or consulate in their home country.

Step 3: Interview and Approval

The final step involves an interview at the U.S. embassy or consulate, after which the K1 visa may be granted if all goes well.

The Role of a K1 Visa Lawyer or Attorney

Navigating the K1 visa process can be complex. A K1 visa lawyer or attorney can be invaluable in this journey.

  • Expert Guidance: They understand the nuances of immigration law.
  • Application Assistance: Help in accurately completing and submitting forms.
  • Avoiding Delays: Knowledge in handling complications or unexpected issues.

After the Marriage: Adjusting Status

Following the marriage, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident (green card holder). This process involves submitting Form I-485 to the U.S. Citizenship and Immigration Services. During this period, the couple may be required to attend an interview to provide evidence of their bona fide marriage. Additionally, the foreign spouse may be granted a work permit and travel authorization while the application is being processed.<.p>


The K1 visa, also known as the fiancé visa, offers a pathway for international couples to unite in the U.S. and begin their marital life. While the process may seem daunting, understanding its requirements and following each step carefully is key to success. Many opt for the guidance of a K1 visa attorney, like those at Root Law Group, to navigate the complexities of immigration law. This journey, though intricate, is a testament to the commitment and patience of couples ready to start their life together in the U.S.



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Alexey PankinAlexey Pankin
04:44 04 Dec 23
I recently had the pleasure of working with the incredible lawyers at Root Law Group, notably Daria. From my initial consultation until the successful resolution of my case, their expertise, professionalism, and dedication made a profound impact.
Zara IsmailovaZara Ismailova
14:11 30 Nov 23
Mihran StepanyanMihran Stepanyan
19:09 14 Nov 23
Working with this highly professional team made difficult and long process of applying for EB-1 GreenCard easy, clear and fast. I felt calm and confidently on every step. I really appreciate all the hard work and patience that Khaled Kaoud shared while working with me. He was always available and answered every possible question that I ever had. Also thanks to Igor, William and Daria for help and support during the working on my case. Working with Root Law Group was the best decision I did. And I undoubtedly recommend this professional, reliable and perfect team!
Georgi GrigoryanGeorgi Grigoryan
22:31 07 Nov 23
I am a business owner and operator abroad and I came to Root Law Group looking for immigration help. They told me that I was able to apply for EB2-NIW and they worked on my case nonstop. Even when USCIS requested more evidence, Daniel guided me throughout the entire process and helped ease my worries and concerns was an extremely helpful paralegal. After months of waiting, I was granted the I-140 Approval! I am extremely thankful for all the work Root Law did for me and super excited for adjustment of status when I become current. I look forward to working with Daniel, William and the entire team when that time comes and highly recommend their immigration services! This team cares and will try everything possible for your needs.
grigory ioffegrigory ioffe
18:05 01 Nov 23
I recently received approval for my visa application and would like to express my gratitude to Root Law, especially Igor for his excellent management, and Khaled for his legal assistance and guiding through the whole process.I want to acknowledge that despite several other lawyers suggesting that I had no chance of obtaining the visa, these professionals made it possible.
Artyom DavtyanArtyom Davtyan
23:21 20 Oct 23
Root Law's team is great, they did our case in just two months.Especially Igor and Khaled, thanks guys for the professionalism, care and dedication to your work. You studies every detail of the case and due to it it was done quickly.Will advise Root Law to my friends and relatives for sure
Melanie HusryMelanie Husry
01:32 28 Sep 23
After seeing such amazing reviews on Root Law Group I just knew I had to work with them. All the attorneys here are amazing and so helpful. I’m so happy with myexperience and for anyone looking for fast and helpful attorneys this is your place! Thank you so much for your patience with me Root Law Group it was a pleasure being your client!

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