K-1 Visa and Immigration Law

Helping Fiancés of U.S. Citizens Obtain Legal Entry for Marriage

The K-1 visa, also known as the Fiancé(e) Visa, allows foreign nationals engaged to U.S. citizens to enter the United States for the purpose of getting married and applying for a green card. This visa provides a direct path to permanent residency, allowing couples to build their future together in the U.S.

Gagliano Law, PLLC, assists couples in navigating the K-1 visa process, ensuring compliance with U.S. immigration laws and helping applicants meet eligibility requirements.

What Is the K-1 Visa?

The K-1 visa is a non-immigrant visa that permits a foreign fiancé(e) of a U.S. citizen to enter the U.S. and get married within 90 days of arrival. After marriage, the foreign spouse can apply for a green card (permanent residency).

Who Can Apply for a K-1 Visa?

The K-1 visa is available only to foreign fiancés of U.S. citizens (not green card holders). The U.S. citizen must sponsor the application.

K-1 Visa Requirements

To qualify for a K-1 visa, couples must meet the following requirements:

1. Petitioner Must Be a U.S. Citizen
   • Green card holders (lawful permanent residents) cannot sponsor a K-1 visa.
2. Intent to Marry Within 90 Days
   • The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S.
3. Proof of a Genuine Relationship
   • The couple must demonstrate a bona fide (real) relationship through:
     • Photos together
     • Travel records and itineraries
     • Correspondence (emails, messages, letters)
     • Proof of joint activities or financial support
4. In-Person Meeting Requirement
   • The couple must have met at least once in the past two years unless an exception applies (such as religious or cultural reasons).
5. No Legal Barriers to Marriage
   • Both individuals must be legally free to marry (any prior marriages must be legally terminated through divorce, annulment, or death).

The K-1 Visa Process

1. File Form I-129F (Petition for Alien Fiancé(e))

• The U.S. citizen files Form I-129F with U.S. Citizenship and Immigration Services (USCIS), providing evidence of the relationship.
• Processing times vary but typically take 6-12 months.

2. USCIS Review and Approval

• If approved, USCIS sends the petition to the National Visa Center (NVC), which then forwards it to the U.S. embassy or consulate in the fiancé(e)’s home country.

3. K-1 Visa Interview at the U.S. Consulate

• The foreign fiancé(e) must attend a visa interview and present:
  • Medical exam results
  • Police clearance certificates
  • Proof of relationship
  • Affidavit of financial support (Form I-134) from the U.S. citizen sponsor

4. K-1 Visa Issuance and Entry to the U.S.

• If approved, the fiancé(e) receives the K-1 visa, which allows travel to the U.S.
• Upon entry, the fiancé(e) must marry the U.S. citizen within 90 days.

5. Apply for a Green Card (Adjustment of Status)

• After marriage, the foreign spouse applies for Form I-485 (Adjustment of Status) to obtain a green card.
• While waiting, they can apply for work authorization (EAD) and a travel permit (Advance Parole).

K-1 Visa Timeline

K-1 Visa Benefits

• Faster processing than marriage-based green cards filed abroad
• Allows the fiancé(e) to enter the U.S. before marriage
• Pathway to a green card and U.S. citizenship
• K-2 visas available for dependent children of the fiancé(e)

K-1 Visa Restrictions

• Strict 90-day marriage requirement (must marry within this period or leave the U.S.)
• No extensions or renewals (if the couple does not marry, the visa expires)
• Fiancé(e) cannot change to another visa category while in the U.S.

Transitioning from a K-1 Visa to a Green Card

After marriage, the foreign spouse can apply for permanent residency (green card) by filing Form I-485 (Adjustment of Status). Once approved, they receive a conditional green card valid for two years.

To remove conditions, they must file Form I-751 (Petition to Remove Conditions on Residence) before the card expires. After three years of marriage, they may apply for U.S. citizenship through naturalization.