The K-1 Fiancé(e) Visa is a unique family-based sponsorship option that allows U.S. citizens to bring their foreign national fiancé(e) to the United States for the purpose of marriage. Once approved, the visa grants entry to the U.S. for a 90-day period, during which the marriage must take place. Following the marriage, the foreign spouse must then apply for adjustment of status to become a lawful permanent resident.
Unlike spousal sponsorship through the immigrant visa process, the K-1 visa is specifically intended for couples who are not yet married but wish to marry in the United States. It can provide a route for couples who want to start their life together in the U.S. without waiting abroad for the spousal visa process to be completed. However, it also requires careful planning, as the 90-day timeline is strictly enforced and the process involves multiple steps, including eventual adjustment of status after the wedding.
K-1 Fiancé(e) Visa Qualifications
To qualify for a K-1 Fiancé(e) Visa, the U.S. citizen petitioner and the foreign national beneficiary must meet specific statutory and regulatory requirements.
A “fiancé(e)” under U.S. immigration law is defined as a foreign national who is the recipient of an approved Petition for Alien Fiancé(e) (Form I-129F) and who has been issued a nonimmigrant K-1 visa for the purpose of entering the United States to marry a U.S. citizen.
Both the petitioner and beneficiary must be legally free to marry at the time the petition is filed and must remain so throughout the process. The marriage must also be legally possible under the laws of the U.S. state where the ceremony is intended to take place.
In general, the couple must have met in person at least once within the two years prior to filing the petition. USCIS may grant an exception to this requirement if an in-person meeting would result in extreme hardship to the U.S. citizen petitioner or if such a meeting would violate strict and long-established cultural or social practices of the beneficiary’s community.
Once the petition is approved, the beneficiary applies for the K-1 visa at their local U.S. consular post. Upon entry to the United States, the couple must marry within 90 days. The marriage must be bona fide, meaning both individuals intend to establish a genuine life together and not marry solely for immigration benefits.
Following the marriage, the beneficiary must apply for adjustment of status to become a lawful permanent resident (green card holder).
K-1 Fiancé(e) Visa Process
The K-1 process involves USCIS, the Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage, background and security checks may be conducted on both the U.S. citizen petitioner and the foreign national beneficiary using biographic and biometric data.
Step 1: Petition with USCIS
The U.S. citizen files Form I-129F (Petition for Alien Fiancé(e)) with USCIS to establish the qualifying relationship and intent to marry within 90 days of entry. USCIS may issue a Request for Evidence (RFE). If approved, USCIS forwards the case to the National Visa Center (NVC).
Step 2: Visa Application with DOS
The NVC assigns a case number and sends the file to the U.S. consular post where the beneficiary resides. The post schedules the K-1 interview; the applicant completes the medical exam, submits required forms/supporting documentation, and attends the consular interview. If approved, a single-entry K-1 visa (typically valid up to six months from the date of the medical exam) is issued. If the officer doubts the bona fides, the case may be refused and returned to USCIS.
Step 3: CBP Inspection at Entry
A visa does not guarantee admission. On arrival, CBP decides whether to admit the beneficiary in K-1 status.
Step 4: Marriage Within 90 Days
After admission, the couple must marry within 90 days. Failure to marry within this window results in loss of status.
Step 5: Adjustment of Status (AOS)
After marriage, the beneficiary files Form I-485 for a green card. USCIS typically schedules biometrics and an interview. If the marriage is under two years at approval, conditional permanent residence (2-year card) is granted; later, the couple files Form I-751 during the 90 days before expiration to remove conditions.
| Step | Document / Agency | What It Does | Notes / Timing |
|---|---|---|---|
| 1 | Form I-129F (USCIS) | Establishes qualifying relationship and intent to marry within 90 days of entry. | USCIS may issue RFE. Approved petitions go to NVC. Petition validity is 4 months; consular officers may revalidate in 4-month increments if intent remains. |
| 2 | NVC Case Creation (DOS) | Assigns case number and forwards to designated U.S. Embassy/Consulate. | Applicant follows post instructions for forms, fees, and document submission. |
| 3 | Medical Exam & Interview (Consular Post) | Panel physician exam; consular interview to determine eligibility and bona fides. | If approved, **K-1 visa** typically valid up to 6 months, single entry. Questionable cases may be returned to USCIS. |
| 4 | Entry to U.S. (CBP) | CBP inspects and decides admission in K-1 status. | Visa ≠ admission; CBP makes the final decision at the port of entry. |
| 5 | Marriage (within 90 days) | Couple must legally marry within 90 days of admission. | Failure to marry within 90 days results in loss of status and departure obligations. |
| 6 | Form I-485 (USCIS) | Adjustment of Status to lawful permanent resident after marriage. | Includes biometrics/interview. Work/travel benefits via EAD/AP while pending. |
| 7 | Conditional Residence → I-751 | If marriage < 2 years at approval, 2-year Green Card is issued; remove conditions later. | File **Form I-751** during the 90 days before the conditional card expires. |
| — | K-2 Children | Eligible unmarried children under 21 may apply as derivatives. | Separate K applications/fees; may accompany or follow-to-join. |
Schedule a K-1 Fiancé(e) Visa Consultation
Navigating the K-1 process can be complex, with multiple stages and strict requirements that must be met within specific timelines. Barella Global has extensive experience guiding U.S. citizens and their fiancé(e)s through K-1 petitions, consular processing, and adjustment of status.
Contact us today to schedule a consultation with our K-1 fiancé(e) visa lawyer and learn how we can help you bring your fiancé(e) to the United States. Alternatively, you can book a consultation online through our booking platform.
The Barella Global Advantage
Barella Global offers clients a unique blend of U.S. immigration law expertise and international accessibility. With offices in London and Brussels, we work in our clients’ time zones, making communication seamless and efficient. Our team has extensive experience representing clients before U.S. embassies and consulates across the UK and Europe, giving us valuable insight into local procedures and expectations. Whether you are pursuing a family-based case, addressing admissibility issues, or seeking a corporate or investor visa, we provide strategic, results-focused guidance tailored to your goals.
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