What is the K-1 visa timeline?

The current K-1 Visa Timeline depends on which Sevice Center is used. From your initial initial filling through us to her having a K-1 Visa in her passport ranges from 16-18 months.

Can the K-1 visa be obtained any faster?

K-1 Visas are normally obtained within a period of 16-18 months. The length of time it takes to process a K-1 Visa application might vary based on several factors, including the workload of USCIS and the US embassy or consulate handling the application. While there is no guaranteed way to speed up the process, there are instances where the applicant can request to expedite the processing if they have a justifiable reason and if the request is accepted by USCIS. However, such cases are very rare. Expedited requests can be sent to the USCIS, and are considered on a case-by-case basis. The USCIS may also require additional documentation to support the case. To expedite your spouse’s visa, you can call USCIS directly and ask to speak to a representative.

Will my Thai Fiancé(e) need a Work Permit?

Yes. Once your partner enters the United States on a K-1 Visa and you marry, they will need to apply for a Green Card through the Adjustment of Status process. Once the Green Card is received, your partner can work legally in the US. If the need to work is urgent, your partner can also apply for work authorization while the Adjustment of Status process is ongoing. K-1 Visa holders will need to obtain an Employment Authorization Document (EAD), commonly referred as a Work Permit, once they enter the US. However, the wait time involved in obtaining a work permit will usually make it infeasible to do so, since the validity of the EAD will likely expire before it can be processed in most cases. Therefore, the K-1 fiancé(e) will, practically, need to wait until he or she files for Adjustment of Status, after the marriage, in order to obtain an EAD. At that point, the fiancé(e) will co-file for an EAD with their spouse. The EAD will then arrive within 90 days from the filing date, on average. Keep in mind though that in order to be employed in the United States, a person must have a Social Security Number. This number can be obtained by a K-1 Visa holder after their arrival in the United States.

Can my Thai Fiancé(e), as the K-1 Visa holder, bring their children?

Yes. Their children would be eligible for K-2 Visas which would allow them to accompany their parent or follow the parent to the US within 6 months of the visa being issued. If the children, however, do not apply for the K-2 Visa, they are still eligible for a K-2 Visa after you have married as long as the children apply within ONE year of your Thai fiancé's K-1 Visa being issued. To obtain a K-2 visa, the children will need to go through the same immigration application process as the Thai parent went through. A K-2 visa can also be obtained for adopted children or any child born out of wedlock if your Thai fiance’s home country legally recognizes them as your children. The child will need to prove that they are not inadmissible into the United States for any reason and will be financially supported in addition to the K-1 Visa holder fiancé(e). You will need to provide many of the same documents for the child to get a K-2 visa that you did for yourself to get a K-1 Visa. Some of these items include a birth certificate, an adoption certificate (if applicable), medical reports, photographs, a passport, and visa fees.

What is the International Marriage Broker Regulation Act of 2005 (IMBRA) and will it affect my K-1 Visa Case?

The International Marriage Broker Regulation Act of 2005 (IMBRA) is a federal statute in the US mandating that background checks be performed for all marriage visa sponsors. It also limits serial visa applications. The law also requires background checks for all US citizens who use marriage brokerage services focused primarily on providing dating services for US citizens or residents to be matched with foreign nationals for a fee. This law was initially enacted in order to prevent foreign nationals from abusing legal immigration practices by using the K-1 visa as a gateway to bring people into the United States. Under IMBRA, a US petitioner is limited to sponsoring a K-1 Visa fiancé(e) only twice. These two sponsorships can be no less than 2 years apart, from the filing of the last approved petition and the current petition. There is a discretionary waiver available, however, but the US petitioner must have no record of violent criminal offenses in order to receive this. US citizens petitioning for a K-1 visa fiancé(e) are also required to report any convictions for violent crimes, which must be disclosed on the Form I-129F petition that they file. Any conviction for domestic violence, child abuse, stalking, elder abuse, or assault and battery must be reported.

Can we leave the U.S. after marriage for the honeymoon?

After you are married you have to apply for an adjustment of status. At that point in time you could apply for advance parole which takes about 90 days to be granted.

US K1 Visa Questions: FAQs

Q: What are the limitations or restrictions on the fiancé(e) who is in the United States on a K-1 Visa?

Your fiance, as the K-1 Visa holder, will enjoy many benefits similar to those of a US permanent resident. However, there are still certain limitations and restrictions that are applied to a K-1 Visa status. Foremost, the K-1 Visa holder has a total of six months to enter the US after the K-1 Visa’s date of issuance. If the marriage and the filing for Adjustment of Status do not occur within the given 90 days of the K-1 Visa holder’s entry into the United States, the K-1 Visa holder will be in unlawful status. If the couple still intends to marry after the 90-day period that is required, the US citizen spouse must file Form I-130 Petition for Alien Relative concurrently with the K-1 Visa holder’s adjustment of status application. The K-1 Visa holder is not allowed to adjust their status unless they actually marry the person who originally filed the petition on their behalf. If that marriage is not completed and the K-1 Visa holder meets someone else that he or she wishes to marry instead, they will need to leave the United States and return to their home country in order to start the K-1 Visa process over again.

What to know about getting a US K-1 Visa in Thailand

The K-1 visa, also known as the 90-day fiancé(e) visa, is a short-term nonimmigrant visa that allows your Thai partner to enter the US and marry you. This article answers some of the most frequently asked K1 visa questions, including processing timeline, eligibility criteria, costs, dependents, and other important considerations for US citizens and their foreign fiancé(e)s.

Fiancé(e) Visa General Questions

For how long is the K-1 visa valid?

Once the K-1 visa is issued, your fiancé(e) has six months to enter the US from the approval date of the I-129F petition. After entering the US, the visa is valid for a strict 90 days, unless you get married and submit an Adjustment of Status application for a green card during that time.

Are there any quotas for the K-1 visas?

There are no quotas or caps on the issuance of K-1 visas.

How much does a K-1 visa cost for the US citizen sponsor?

In 2024, costs for the K-1 visa are as follows:

USCIS I-129F Petition Fee: 675 USD
DS-160 Fee: 265 USD
Medical Examination: Costs typically range from around 100 to 500 USD
Other Documents: Translations, photocopies, notarizations, and fees for copies of documents required for the visa application (such as passport, police certificates, and birth certificates).

If you and your fiancé(e) plan to reside in the US after your marriage, you will also need to account for Adjustment of Status application costs including:

Form I-485 Filing Fee: 1440 USD (or 950 USD for applicants under age 14)
Work permit or employment authorization document (EAD): 520 USD
Advance Parole travel document: 630 USD

Please Note: USCIS fees are subject to change, so it's advisable to check the latest fee schedule on their official website before applying.

What is the difference between the K-1 visa and the K-3 visa?

The main difference between the K-1 and K-3 visas is your marital status at the time of application. The K-1 fiancé(e) visa is intended for foreign nationals who are engaged to a US citizen but not yet married. On the other hand, the K-3 spousal visa is for spouses who are already legally married to a US citizen but don't reside in the US.

The K-3 visa has been largely replaced by the CR-1 and IR-1 visas which offer direct routes to a green card.

What happens if my fiancé(e) and I get married while a K-1 visa application is pending?

If you get married before the K-1 visa is approved and issued, then you and your partner are no longer fiancé(e)s and therefore ineligible for K-1. In this case, you and your partner should explore immigrant visa routes such as CR-1 and IR-1 visas to obtain a marriage-based green card.

My Thai fiancée is pregnant but it was not disclosed during the K-1 application. What should I do?

USCIS may still process the petition if you send the Embassy a notarized statement that you are aware of the pregnancy and wish to proceed with the marriage. However, in such cases, it is best to speak to an immigration attorney for further legal advice.

Can my fiancé(e) travel to the US on another visa (such as tourist or business visitor) while their K-1 application is in process?

While your fiancé(e) can technically travel to the US on another visa, it's not recommended for K-1 applicants. This is because the K-1 visa application already shows an intent to marry in the US. Immigration officials might believe that your fiancé(e) is trying to access a quicker route to permanent residency. Therefore, your fiancé(e) might be subject to additional scrutiny when arriving in the US whilst awaiting a K-1 visa decision.

K-1 Visa Eligibility Questions

Does my Thai citizen fiancé(e) qualify for a K-1 visa?

For a K-1 fiancé(e) visa, the base requirement is that you, the US citizen sponsor, must be willing to sponsor your foreign citizen fiancé(e). However, you must also prove that you and your Thai fiancé(e) intend to marry within 90 days of their arrival in the United States on the K-1 visa.

You and your fiancé(e) must both be legally free to marry, meaning you have never been married, or are divorced, widowed, or had an annulment. The final requirement is that you and your partner must have met in person within the two years prior to filing the K-1 visa petition. If your relationship meets these criteria, your partner might qualify for the K-1 visa.

Can I petition for a K-1 visa for my fiancé(e) if I am divorced?

Yes, you can petition to bring your Thai fiancé(e) to the US on a K-1 visa if you are divorced. However, legal separation is not sufficient to petition for a K-1 visa. You and your partner must both be legally free to marry.

How recently do we have to have met in person?

You and your fiancé(e) must have met in person in the two years prior to filing the initial I-129F petition. This requirement may be waived if it would cause you extreme hardship or violate a longstanding cultural or religious custom.

I am a US lawful permanent resident (green card holder). Can I apply for a K-1 visa for my Thai fiancé(e)?

No, the K-1 Visa is only available to fiancé(e)s of US citizens. If you would like to bring your Thai fiancé(e) to the US, you can consider the CR-1 spousal visa. This requires you and your partner to marry and subsequently apply for their green card from outside of the US.

Is there a financial requirement or threshold I must meet to support my Thai fiancé(e)?

Yes, you as the US citizen fiancé(e) must submit a Form I-134, Declaration of Financial Support as part of the nonimmigrant visa application. This requires you to meet 100% of the Federal Poverty Guideline (FPG) minimum income for your household size. For the green card application, you must submit a form I-864, Affidavit of Support Under Section 213A of the INA. This requires you to meet 135% of the FPG minimum income for your household.

Can my fiancé(e)'s children get K-1 visas too?

Dependent children can accompany your fiancé(e) to the US by obtaining K-2 visas. The children must be unmarried, under the age of 21, and should be named in the initial petition. They should also plan to attend the visa interview with their parent if filing concurrently.

What is the International Marriage Broker Regulation Act of 2005 (IMBRA)? Does it affect my visa application?

Enacted in 2005, IMBRA aims to safeguard immigrants and foreign partners of US residents by implementing certain rights for immigrants and restrictions on their US visa sponsors. IMBRA's key provisions include:

Immigrant Right to Information: The US government must provide information about legal rights of immigrants and access to help if the relationship becomes volatile.
Background Checks: Your criminal history is disclosed to your foreign fiancé(e).
Broker Disclosure: Marriage broker involvement requires disclosure, and non-compliance can lead to a visa denial.
Limits on Sponsorship: As a US citizen, you generally have a lifetime limit of two approved K-1 fiancé(e) visas applications, unless you obtain an IMBRA waiver. Furthermore, you must not have had a K-1 petition approved in the last two years.
Disqualification for Crimes: A history of severe violence or sexual crimes usually disqualifies you to act as a sponsor.
Penalties for Misrepresentation: If you knowingly provide false information you could be subject to fines or imprisonment.

K-1 Visa Process Questions

What is the K-1 visa process?

The K-1 fiancé(e) visa process has three main stages:

1. USCIS Stage: You file the Petition for Alien Fiancé(e) with USCIS on behalf of your Thai fiancé(e). USCIS evaluates the petition. If it meets the visa requirements, they will approve the petition. Once approved, USCIS transfers the case to the National Visa Center (NVC).

2. National Visa Center (NVC) Stage: The NVC reviews the visa file for completeness. Upon completion of their review, the NVC transfers the case to the US Embassy in Bangkok.

3. US Embassy Stage: The US Embassy in Bangkok receives the file and requests the Thai applicant to submit an application Form DS-160 to the Department of Homeland Security. They must also pay the DS-160 filing fee, gather necessary supporting documents, and schedule a medical exam. After they have gathered all the required documentation and attended the medical appointment, the Embassy will provide a visa interview date for your fiancé(e).

4. Visa Approved: If the interview is successful, consular officers will issue a K-1 visa in your fiancé(e)'s passport shortly thereafter. They can then use the K-1 visa to enter the United States, marry you within 90 days of arrival, and apply for a marriage-based green card.

What documents are needed for a fiancé(e) visa application?

K-1 fiancé(e) visa applications require personal documents like passports, birth certificates, divorce decrees, US naturalization certificates, and civil documents to verify nationality and identity. Additionally, you will need to provide other proof to demonstrate the authenticity of your relationship. In general, you should prepare to show original documents.

What types of documents should we show to prove our relationship?

Evidence of a genuine relationship should include communication records like emails, texts, and social media messages showing you talk regularly. You should also have photos together and other documents demonstrating you have met in person in the last two years. You can ask friends and family to write letters attesting to the legitimacy of your relationship. Finally, if you share finances like a bank account or bills, this can demonstrate to a consular officer that you have an established relationship.

How long does it take to get a K-1 visa?

Exact processing times for a K-1 visa application vary based on factors like the current workload at USCIS and interview availability at the US Embassy in Bangkok. However, on average, K-1 visa processing in Thailand typically takes between 8 to 12 months.

Is the K-1 visa issued immediately following the embassy interview?

While procedures differ across US Embassies, the Embassy in Bangkok typically processes applications within a week of the interview.

What is the DS-160, Online Nonimmigrant Visa Application?

The DS-160, Online Nonimmigrant Visa Application is a US Department of State visa application form that is submitted after the initial I-129F petition is approved. In July 2024, the cost to submit a Form DS-160 for a K-1 visa is 265 USD.

Where is the K-1 visa interview appointment?

Your Thai citizen fiancé(e) must attend their interview with a consular officer at the US Embassy in Bangkok, Thailand.

Can we schedule the interview appointment at the US Consulate General in Chiang Mai?

No, the K-1 interview location will be the US Embassy in Bangkok. The Chiang Mai Consulate does not perform K-1 visa interviews.

Questions about the K-1 Visa after arrival in the United States

How long does my fiancé(e) have to get married after entering the US?

You and your fiancé(e) must get married within 90 days of their entry to the US on a K-1 visa.

Will my foreign fiancé(e) need a work permit in the US?

Yes, they must have a work permit to work on a K-1 visa. Once your partner enters the United States, they can apply for an employment authorization document (EAD). If the application is approved, they will receive an EAD card, or work permit, which allows them to legally work.

After you marry, they can apply for a green card. Once the green card is approved and your partner receives it, they no longer need the EAD.

What are the limitations or restrictions on the fiancé(e) who is in the United States on a K-1 Visa?

K-1 visas offer immigration benefits and a pathway to permanent residency for your fiancé(e), but with important limitations. Holders have only six months to enter the US and must get married within 90 days to be able to apply for a green card.

Notably, K-1 visa holders can only adjust their status based on the initial petition filed by their fiancé(e). So if your fiancé(e) meets someone new and wants to marry them instead, they must return to their home country and restart the application process.

What happens if my fiancé(e) and I don't get married after they enter the United States on a K-1 visa?

If you don't get married within the 90 days, your fiancé(e) cannot apply for a green card and must leave the US before their visa expires. If they do not leave in time, they will be considered an overstayer which can negatively impact their future eligibility for US visas.

Can my fiancé(e) and I leave the US after we get married? Can we travel internationally for our honeymoon?

After you are married, you can apply for an Adjustment of Status (AOS) for your spouse. Along with the AOS application, you can apply for an Advance Parole (AP) document which allows your Thai citizen spouse to travel outside of the US and return. Advance Parole usually takes around three months for approval. After your spouse receives their AP document, they can travel internationally and return to the US while their green card application is under review.

Ready to start a new chapter of your life in the USA?

Siam Legal’s US Visa Team

Over 20 years of experience helping people from all over the world travel to the United States
More than 10,000 successful US visa applications.

Speak with an expert US immigration lawyer, or submit the form below to begin the consultation process.

Ken Graham
US Immigration Attorney
Partner, Siam Legal International

Natdaphon Luengsawang
Senior US Visa Consultant
Siam Legal International

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