Before the U.S. citizen can file the I-129F Petition, the couple must have physically met in person within the past two (2) years. A relationship that is limited to online communication only will not satisfy this requirement.

While chat-logs and messages from communication apps are a way to show a bona-fide relationship, these are not required.

If the foreign fiancé(e) holds a valid B-1/B-2 visitor visa, he/she may use that visa to request to enter the United States on a temporary basis. If the foreign fiancé(e) does not have a B-1/B-2 visa, they are not precluded from applying for the visa.  It is strongly encouraged to fully disclose to the interviewing consular officer that he/she has a pending K-1 visa application.

The U.S. citizen may request a waiver to the two-year meeting requirement if it can be demonstrated that physically meeting in advance of filing the I-129F Petition would result in extreme hardship to the U.S. citizen petitioner or if such meeting in advance would violate long-standing traditions to the foreign fiancé(e)’s customs.

Unlike a CR-1/IR-1 Immigrant Visa, a K-1 visa is a nonimmigrant visa. As a result, the U.S. citizen does not file a Form I-864, Affidavit of Support. While a Form I-134, Declaration of Financial Support may be submitted, such documentation is not required. However, being able to demonstrate financial capacity can be shown through proof of funds such as bank statements, home ownership, stocks and bonds, investments, and other assets.

Because the K-1 visa requires both parties to remain single and marry within the United States, marriage abroad prior to the K-1 visa issuance will automatically terminate the I-129F Petition. Couples are allowed to hold non-legally recognized religious ceremonies and blessings prior to the K-1 visa issuance prior that such ceremony does not create a valid marriage.

Failure to marry within 90 days upon arrival will require the foreign fiancé(e) to immediately depart the United States. 

Provided that the couple marries within 90 days upon arrival, the foreign fiancé(e), now spouse, must file for adjustment of status. The newly married couple files a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. If the foreign spouse wishes to seek employment prior to the approval of adjustment of status, he/she will also be required to file a Form I-765, Application for Employment Authorization. If he/she is planning on traveling outside the United States prior to receiving their Green Card, a Form I-131, Application for Travel Document must also be submitted.

Processing times vary by country and case. For Vietnamese applicants, the K-1 visa process typically takes 9-18 months from the date the I-129F is filed to U.S. entry. For Filipino applicants, processing through the U.S. Embassy in Manila may take a similar or slightly longer timeline given the Embassy’s high case volume. The process involves three main stages: USCIS adjudication of the I-129F (6-12 months), NVC transfer (1-2 months), and consular interview scheduling and processing (1-3 months). Actual timelines depend on individual case circumstances and USCIS workload at the time of filing.

The key difference: the K-1 visa is for engaged couples who are not yet married – the couple marries in the United States after the fiancé(e) enters on the K-1. The CR-1/IR-1 spousal visa is for couples who are already legally married – the couple must marry first, then file for the spousal visa. The K-1 is often faster to process than the CR-1, but requires an additional Adjustment of Status step after arrival. The CR-1/IR-1 allows the beneficiary to enter the United States as a conditional lawful permanent resident immediately upon arrival, with no further adjustment required. Enterline & Partners’ immigration attorneys will advise on the most appropriate pathway for your specific situation.

K-1 visa costs consist of two main components. Government fees include the USCIS filing fee for the I-129F Petition, the DS-160 fee and consular interview fee at either the U.S. Consulate in Ho Chi Minh City or the U.S. Embassy in Manila, and the medical examination fee at the designated facility – these fees change periodically. Attorney fees depend on the complexity of each case and are discussed in detail during the initial consultation. Enterline & Partners is committed to 100% transparency on all costs before we begin – no hidden fees. Contact us for the most current fee information.