Fiancé(e) Visas (K-1)
The K-1 fiancé(e) visa lets the fiancé(e) of a U.S. citizen come to the United States to marry within 90 days and then apply for a green card. The steps are specific, and getting them in the right order matters.
How the K-1 works
A U.S. citizen files a petition for their fiancé(e), who is then interviewed at a consulate abroad. After entering and marrying within the required window, the spouse applies for adjustment of status. Proof of a genuine relationship is central throughout.
How we help
We prepare the petition and the evidence of a bona fide relationship, guide you through the consular step, and set up the green-card application after the marriage. Se habla espanol.
Frequently asked questions
What is a K-1 fiance visa?
The K-1 is a visa that lets the foreign fiance(e) of a U.S. citizen travel to the United States to marry that citizen within 90 days of entering. After the marriage, the foreign spouse generally applies for a green card from inside the U.S. through adjustment of status.
Who is eligible for a K-1 fiance visa?
Generally, the petitioner must be a U.S. citizen, both partners must be legally free to marry, and you usually must have met in person within the two years before filing, unless a waiver applies. You must also genuinely intend to marry within 90 days of the fiance’s arrival.
How does the K-1 process work step by step?
The U.S. citizen files a fiance petition with USCIS; after approval it goes to the Department of State and then to a U.S. consulate abroad, where the fiance attends an interview. If approved, the fiance enters the U.S., you marry within 90 days, and then the spouse applies for a green card.
How long does a K-1 fiance visa take?
The K-1 involves several agencies, so timelines can vary and shift with agency workloads. A consultation can give you a realistic estimate based on where your case will be processed.
How much does a fiance visa cost?
There are USCIS and consular fees at different stages, plus the required medical exam and later green card costs. Because the K-1 leads into a green card application after marriage, it helps to plan for the full process.
What is the 90-day rule for the K-1 visa?
Once the fiance enters the U.S. on a K-1, you must legally marry each other within 90 days. This deadline is firm, so many couples plan the wedding date in advance. If you do not marry within 90 days, the fiance is generally expected to depart, so this is an important rule to respect.
What happens if we don’t marry within 90 days?
The K-1 status does not extend beyond 90 days, and marrying someone else or staying without marrying the petitioner can create serious immigration problems. If circumstances change, speak with an attorney quickly to understand your options rather than letting the deadline pass.
K-1 fiance visa or marry abroad first — which is better?
Both paths can work, and the right choice depends on your timeline, where you want to marry, cost, and personal circumstances. Marrying abroad first leads to a spouse visa, while the K-1 lets you marry in the U.S. A consultation can help you weigh the trade-offs for your situation.
Is a K-1 faster than a marriage-based spouse visa?
Not always — the answer changes with processing times and your circumstances. The K-1 also has an added green card step after marriage, so “faster to enter” does not always mean “faster to a green card.” An attorney can compare the paths for you.
Can my fiance’s children come on the K-1?
Yes, unmarried children under 21 of the K-1 fiance may generally qualify for K-2 visas to accompany or follow their parent. They must be listed in the petition, and there are age and timing rules, so it’s worth confirming the details with an attorney.
Do I need a lawyer for a fiance visa?
It is not required, but the K-1 has strict rules, deadlines, and an interview, and it flows into a green card process afterward. An attorney can help you avoid missteps at each stage. Remember that only a licensed attorney or accredited representative can give legal advice, not a notary or “notario.” Se habla espanol.
What proves our relationship is genuine for a K-1?
Evidence often includes proof you met in person, communication over time, photos together, travel records, and any engagement plans. The goal is to show a real, ongoing relationship and a genuine intent to marry, not a relationship arranged only for immigration.
What happens at the K-1 consular interview?
The fiance attends an interview at a U.S. consulate abroad, where an officer reviews the documents and asks about the relationship and plans to marry. A medical exam is also required. Being honest and well-prepared is important, and an attorney can help the fiance get ready.
Can my fiance work in the U.S. on a K-1 visa?
A K-1 holder can apply for a work permit, but because the K-1 period is short, many couples instead wait and request work authorization as part of the green card application after marriage. A consultation can explain the most practical approach for your timeline.
What is adjustment of status after a K-1 marriage?
After marrying your U.S. citizen petitioner within 90 days, the foreign spouse files to become a permanent resident from inside the U.S. This step includes its own forms, evidence of the marriage, and usually an interview before the green card is granted.
Will my spouse get a conditional green card after the K-1?
If your marriage is less than two years old when the green card is approved, your spouse generally receives a two-year conditional card and must later file to remove the conditions. This is the same rule that applies to other recent marriage-based green cards.
Can we travel or leave the U.S. after entering on the K-1?
Leaving the U.S. after a K-1 entry, especially before or during the green card process, can create serious complications and may require advance permission. Talk to an attorney before making travel plans so you don’t jeopardize the case.
What if the K-1 petition or visa is denied?
A denial can result from eligibility issues, missing evidence, or concerns raised at the interview, and your options depend on the reason. Sometimes you can address the problem and refile or pursue a different path such as marrying abroad. A consultation can help you decide the next step.
Does a prior marriage or divorce affect the K-1?
Both partners must be legally free to marry, so any prior marriages must be fully and legally ended, with documentation available. Clear divorce or death records help avoid delays in the process.
Can I use a K-1 if I am a green card holder, not a citizen?
No. The K-1 fiance visa is only available when the petitioner is a U.S. citizen. If you are a permanent resident, you would generally need to marry first and pursue a spouse-based path, and timing can matter, so a consultation can help you plan.
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.