## K-1 fiancé(e) visa in South Dakota The **K-1 visa** allows a foreign fiancé(e) of a US citizen to enter the United States to get married. The couple must marry within **90 days** of entry, then apply for adjustment of status to permanent residency. ## Eligibility requirements **Both must:** - Be free to marry (legally divorced if previously married, single) - Have met in person within 2 years before filing (with exceptions) - Intend to marry within 90 days of entry - Have bona fide relationship - Meet specific financial requirements **US citizen petitioner:** - US citizen (not LPR — different visa for that) - Income at least 100% of poverty guidelines - Background check clearances - Specific declarations **Foreign fiancé:** - No legal bar to admission - No criminal disqualifications - No prior immigration violations (with limited exceptions) - No medical inadmissibility ## In-person meeting requirement **Generally required:** - Met in person within 2 years before filing I-129F - Both parties present - Photos + travel records evidence **Exceptions (waivers):** - Extreme hardship - Cultural / religious customs prohibit pre-marriage meetings - Specific documentation - USCIS discretion ## Application process **Step 1: I-129F petition (US citizen):** - Filed by US citizen with USCIS - $675 filing fee (2025) - 6-12 months processing typical - Documentation of relationship - Photos, communications, visit records - Personal statements **Step 2: NVC processing:** - Approved petition sent to National Visa Center - Approximate 1-3 month processing - Forwards to embassy / consulate **Step 3: Embassy interview:** - Foreign fiancé applies for K-1 visa - DS-160 application - Visa fee ($265) - Required documentation - Medical exam - In-person interview - Specific consular procedures **Step 4: Visa issuance + entry:** - 6 months to enter US after visa issuance - Multiple entry sometimes - 90-day stay upon entry **Step 5: Marriage within 90 days:** - Civil ceremony required - Cannot extend past 90 days without adjustment - Specific document requirements **Step 6: Adjustment of status:** - I-485 application within 90 days (or after marriage) - Plus I-693 medical exam (USCIS-designated doctor) - Plus other supporting documents - $1,440 fee - Travel + work authorization usually included - Conditional 2-year green card for new marriages **Step 7: Removal of conditions (after 2 years):** - I-751 joint petition with spouse - 90 days before 2-year anniversary - Show ongoing bona fide marriage - 10-year green card upon approval ## Total timeline **From petition to green card:** - 12-24 months typical - Sometimes faster - Sometimes much longer - Specific embassy + processing times vary ## Income requirements (Affidavit of Support) **US citizen must demonstrate:** - 100% of poverty guidelines for K-1 - 125% for permanent green card - Specific household size calculation - Joint sponsor possible if needed - Specific documentation (tax returns, W-2s, employment letters) **Form I-134** for K-1 stage **Form I-864** for adjustment of status (more stringent) ## Common documentation **Relationship evidence:** - Photos together - Travel itineraries - Communication records (texts, emails) - Affidavits from family / friends - Joint financial accounts (if any) - Lease / mortgage (if applicable) - Specific cultural expectations **Background documentation:** - Birth certificates - Marriage / divorce certificates - Police certificates from each country resided - Military records (if applicable) - Adoption records (if applicable) **Evidence of meeting:** - Photos with dates - Travel records - Hotel receipts - Boarding passes - Specific meetings documented ## Embassy interview **Critical step:** - Foreign fiancé attends - Multiple-hour appointment - Detailed relationship questions - Document review - Medical exam results - Often multiple appointments - 221(g) administrative processing common **Common questions:** - How did you meet? - When + where did you visit? - Wedding plans? - Family acceptance? - Living arrangements? - Financial support? - Communications style? - Specific relationship details ## What if don't marry within 90 days **Foreign fiancé must depart:** - 90-day limit strict - No extensions - Cannot adjust to other status - Cannot be admitted again on K-1 **Options:** - Marry someone else? (NO — must marry K-1 petitioner) - Apply for marriage visa (CR-1/IR-1) abroad - Different visa type - Specific eligibility ## Children of fiancé(e) **K-2 visas for children:** - Unmarried under 21 - Same petition (Form I-129F) - Concurrent processing - Same 90-day limit - Adjust with parent ## Common K-1 issues **Inadmissibility issues:** **Criminal records:** - Most CIMTs - Drug offenses - Specific waivers possible - Difficult cases **Prior immigration violations:** - Prior overstays - Visa fraud - Misrepresentation - Specific bars + waivers **Health-related:** - Communicable diseases - Mental disorders - Drug addiction - Vaccinations **Public charge:** - Likely to become dependent on government - Specific criteria - 2025+ rules - Income + benefits considerations **Prior K-1 history:** - 2-year limit on K-1 sponsorships - Same petitioner - Limited exceptions - Anti-fraud provision ## Marriage fraud concerns **Increased scrutiny:** - Stokes interview (separate spouses) - Specific documentation - Detailed relationship questions - Background investigation - Multiple petition filings flagged **Penalties:** - Both parties prosecutable - Loss of all immigration benefits - Criminal charges - Lifetime bars ## CR-1/IR-1 marriage visa alternative **Sometimes preferred:** - Marry abroad first - Then apply for marriage visa - Fiancé enters as LPR - No 90-day rush - More expensive overall - Slower than K-1 to first entry - Faster to permanent status ## Strategic considerations **K-1 advantages:** - Faster to US than CR-1 - Quick reunion - Time before formal adjustment **K-1 disadvantages:** - 90-day pressure - More expensive overall - Two-step process - Conditional green card initially **CR-1 / IR-1 advantages:** - Permanent green card upon entry - No conditional period (sometimes) - Less paperwork after entry - More predictable ## Recent issues **Processing times:** - Significantly extended in recent years - Specific embassy delays - 221(g) common - Plan for 12-24+ month process **COVID impact:** - Lingering processing delays - Specific consulate issues - Always check current **Country-specific issues:** - Some countries higher fraud detection - Specific cultural considerations - Documentation challenges ## What you should do If you're a US citizen in South Dakota pursuing K-1 visa: hire experienced immigration attorney — process is technical. Strong relationship documentation essential. Plan for 12-24+ month process. Cost typically $3,000-$5,000+ for full representation. Mistakes can cause years of delay. Major life decision — get professional help. --- *This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. K-1 visas are technical. Talk to a licensed immigration attorney about your specific situation.*