If you are a U.S. citizen engaged to a foreign national, the K-1 fiancé visa allows your fiancé(e) to enter the United States so you can get married and apply for a green card. However, the process has strict deadlines and documentation requirements.
What Is the K-1 Visa?
The K-1 visa is a temporary visa allowing foreign fiancés of U.S. citizens to enter the country, provided they get married within 90 days of arrival. After marriage, the foreign spouse can apply for adjustment of status to obtain a green card.
Eligibility Requirements
- You and your fiancé(e) must have met in person at least once in the past two years (unless waived due to extreme hardship or cultural reasons).
- You must prove your relationship is genuine (photos, travel history, messages, and other evidence).
- You must intend to marry within 90 days of your fiancé(e)’s arrival.
- The U.S. citizen must meet income requirements to support their fiancé(e).
The K-1 Visa Process
- File Form I-129F – The U.S. citizen petitions USCIS for their fiancé(e).
- Background Check & Medical Exam – The foreign fiancé(e) undergoes security checks and a medical exam.
- Embassy Interview – The fiancé(e) is interviewed at a U.S. embassy before receiving the visa.
- Entry & Marriage – After entering the U.S., the couple must marry within 90 days.
- Apply for a Green Card – The foreign spouse files for adjustment of status (Form I-485).
Challenges & Common Delays
- Inadequate evidence of a bona fide relationship.
- Delays in background checks.
- Failing to marry within 90 days (which can lead to visa violations).
At Logan & Logan LLP, we help engaged couples prepare strong applications, avoid delays, and ensure compliance with all immigration laws. Contact us for a consultation.