What Is a K-Visa?
A K-visa is a nonimmigrant visa that allows the fiancé(e) or spouse of a U.S. citizen to enter the United States. Unlike an immigrant visa (which grants permanent residence on arrival), a K-visa gets your partner into the country so you can marry and then apply for a green card together.
The most common version is the K-1 fiancé(e) visa, which lets your partner enter the U.S. so you can get married within 90 days of arrival. The K-3 spouse visa was designed for couples who are already married, but it's rarely used today (more on that below). Children of K-1 and K-3 holders can come along on K-2 and K-4 visas, respectively.
Only U.S. citizens can petition for a K-visa. Green card holders are not eligible to file — they must use a different immigration pathway.
Who Is Eligible?
K-1 Fiancé(e) Visa
To qualify for a K-1 visa, three conditions must be met. First, the petitioner must be a U.S. citizen. Second, both you and your fiancé(e) must be legally free to marry — meaning any prior marriages have been terminated by divorce, annulment, or death. Third, you must have met each other in person within the past two years. You also need to demonstrate a genuine intent to marry within 90 days of your fiancé(e)'s arrival in the U.S.
K-2 Visa (Children of K-1 Holders)
If your fiancé(e) has unmarried children under 21, those children can be included on the K-1 petition as K-2 derivative beneficiaries. They enter the U.S. alongside (or shortly after) the K-1 holder and can also adjust status to permanent resident after you marry.
K-3/K-4 Spouse Visa
The K-3 was created to let already-married spouses enter the U.S. while their I-130 immigrant petition was still processing. In practice, K-3 visas are almost never issued anymore. The I-130 process has sped up enough that most couples receive their immigrant visa before a K-3 would even be approved. Most immigration attorneys now recommend skipping the K-3 entirely and going the direct consular processing or adjustment of status route instead.
The Process, Step by Step
Step 1: File Form I-129F. The U.S. citizen petitioner files the Petition for Alien Fiancé(e) with USCIS. This includes evidence of your relationship, proof you've met in person, and documentation that you're both free to marry.
Step 2: USCIS approval and NVC transfer. Once USCIS approves the I-129F, the case is forwarded to the National Visa Center (NVC), which then sends it to the U.S. embassy or consulate in your fiancé(e)'s country.
Step 3: Consular interview. Your fiancé(e) attends a visa interview at the U.S. embassy. They'll need to complete the DS-160 application, gather civil documents, and pass a medical examination before the interview.
Step 4: Enter the U.S. on the K-1 visa. After visa approval, your fiancé(e) has six months to travel to the United States. The 90-day clock starts on the day they are admitted at the port of entry.
Step 5: Marry within 90 days. This deadline is firm. If you don't marry within 90 days, your fiancé(e) must leave the country. There are no extensions.
Step 6: File I-485 to adjust status. After the marriage, your now-spouse files Form I-485 (Application to Register Permanent Residence) to get their green card. You can also file for work authorization (EAD) and travel permission (advance parole) at the same time.
Timelines and Costs
The K-1 process from filing to U.S. entry typically takes 10 to 16 months. The I-129F petition alone accounts for 6 to 10 months of processing. Consular processing (NVC transfer, interview scheduling, and the interview itself) adds another 2 to 4 months. After marriage, adjustment of status currently takes 10 to 14 months — so the total timeline from initial filing to green card in hand is roughly 2 to 3 years.
Government filing fees add up quickly. The I-129F costs $535. The DS-160 visa application fee is $265. A required medical exam runs $200 to $500 depending on the country. After marriage, the I-485 adjustment of status package costs $1,440. All told, expect roughly $2,500 to $3,000 in government fees alone — before attorney fees.
Common Pitfalls
The K-1 process has several traps that catch even well-prepared couples:
- Not meeting the in-person requirement. USCIS will deny the I-129F if you can't prove you've met face-to-face within the last two years. Video calls and letters don't count. Make sure you have photos, travel records, and boarding passes as evidence.
- Missing the 90-day marriage deadline. There is no extension and no exception. If you don't marry within 90 days, your fiancé(e) must leave the U.S. Plan the wedding logistics before they arrive — don't wait until they're here to figure out marriage license requirements in your state.
- Working before receiving an EAD. K-1 holders are not authorized to work upon entry. Your fiancé(e) must wait until they file for adjustment of status and receive an Employment Authorization Document (EAD). Working without authorization can jeopardize the entire green card case.
- Triggering the 90-day rule. If your fiancé(e) files for adjustment of status within 90 days of entry, USCIS may presume they had preconceived immigrant intent. This is less of an issue with K-1 visas (since marrying and adjusting is the whole point), but the timing of filing still matters. An attorney can help you navigate this correctly.
- Underestimating post-entry costs. The K-1 visa is just the beginning. Adjustment of status, the EAD, and advance parole all come with their own fees and processing times. Build the full cost picture before you start.
Why Choose Occam Immigration?
The K-visa process is deceptively complex. Between the I-129F petition, consular interview prep, the 90-day marriage deadline, and the transition into adjustment of status, there are multiple stages where a misstep can derail your case or cost you months of delays. Each stage has its own forms, evidence requirements, and timing considerations — and they don't always line up neatly.
At Occam, we handle K-visa cases from start to finish — from the initial petition through adjustment of status and beyond. Our K-visa service is built around flat-fee pricing with no surprises, clear timelines so you always know what's next, and direct access to your attorney — not a call center. If you're bringing your fiancé(e) or spouse to the U.S., we'll make sure the process is structured, predictable, and as smooth as immigration allows.