K-1 fiancé(e) visa: requirements and timeline

Who qualifies

The US citizen files Form I-129F, Petition for Alien Fiancé(e), with USCIS. Both partners must be legally free to marry when the petition is filed, which means any earlier marriages must have legally ended. Both must also intend to marry within 90 days after the fiancé(e) enters the United States.

You must generally have met each other in person at least once during the two years before the petition is filed. USCIS can waive this requirement if meeting would violate strict and long-established customs of the foreign fiancé(e)'s culture or social practice, or if it would cause extreme hardship to the petitioner.

• The petitioner must be a US citizen.
• Both partners must be free to marry.
• An in-person meeting within two years before filing, unless waived.
• The petitioner must disclose certain criminal history under the International Marriage Broker Regulation Act.

From petition to visa

After USCIS approves the I-129F, the case is sent through the National Visa Center to the US embassy or consulate where the fiancé(e) will be interviewed. The fiancé(e) completes the online nonimmigrant visa application, attends a medical examination with an embassy-approved physician and brings civil documents to the interview. The consular officer may ask for evidence that the petitioner can provide financial support.

Unmarried children of the fiancé(e) under 21 may be eligible for K-2 visas and can travel with or after the parent. Processing times vary by service center and by embassy, so check the current USCIS and Department of State pages rather than planning around a fixed number.

The 90 days after arrival

The K-1 visa allows a single entry. You must marry the petitioner, and not someone else, within 90 days of admission. The 90-day period cannot be extended. If you do not marry, you are expected to leave the United States, and staying beyond the period can create serious immigration problems.

A K-1 entrant generally cannot change to another nonimmigrant status or adjust status on any basis other than marriage to the US citizen who filed the petition. Plan the wedding date with that rule in mind.

After the wedding: applying for the green card

After the marriage, the foreign spouse files Form I-485 to adjust status, usually with an application for a work permit and advance parole. The US citizen spouse files Form I-864, Affidavit of Support, at this stage. Because the marriage is new, the green card will generally be conditional for two years, after which you file Form I-751 together.

Some couples compare the K-1 route with marrying abroad and filing an I-130 for an immigrant visa. Under the second route the spouse enters as a permanent resident and avoids a separate adjustment application. Which option suits you depends on where you want to marry, cost, timing and your circumstances.