Fiancé(e) (K-1) Visas

For Foreign-Citizen Fiancés of U.S. Citizens

The K-1 nonimmigrant visa allows a foreign-citizen fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. The couple must marry within 90 days of the fiancé(e)’s arrival, after which the foreign spouse may apply for adjustment of status to become a lawful permanent resident (Green Card holder).

Eligibility Requirements

To qualify for a K-1 visa, you must:

•         Be legally free to marry (both parties unmarried or legally divorced).
•         Have met in person at least once within the past two years (unless waived for cultural or hardship reasons).
•         Intend to marry within 90 days of the fiancé(e)’s entry into the U.S.
•         The U.S. citizen petitioner must meet income requirements (at least 100% of federal poverty guidelines) to financially support the fiancé(e).

Application Process

1. Form I-129F: The U.S. citizen files a Petition for Alien Fiancé(e) with USCIS.
2. USCIS Approval: Once approved, the petition is sent to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate where the fiancé(e) resides.
3. Visa Interview: The foreign fiancé(e) attends an interview, submitting required documents such as medical exam results and police certificates.
4. Entry & Marriage: After the K-1 visa is issued, the fiancé(e) enters the U.S. and must marry within 90 days.
5. Adjustment of Status (Form I-485): Following marriage, the foreign spouse applies for a Green Card.

Family Benefits (K-2)

•         Unmarried children under 21 of the K-1 beneficiary may apply for K-2 visas.
•      K-2 holders may enter with or after the K-1 parent.
•         If the couple marries within 90 days of the K-1’s entry, K-2 children may also apply for a Green Card by filing Form I-485.
•         They may attend school and apply for employment authorization after arrival.

Period of Stay

•         Valid for single entry into the U.S.
•         The couple must marry within 90 days of entry.
•         The K-1 visa cannot be extended or renewed.
•         After marriage, the beneficiary applies for permanent residence.

Key Advantages

•         Provides a direct path to marriage and permanent residency.
•         Faster than spousal visas (CR-1/IR-1) in many cases.
•         Allows entry before marriage, enabling couples to marry in the U.S..

Important Notes

•         If the couple does not marry within 90 days, the K-1 visa holder must depart the U.S.
•         The K-1 holder cannot change status to another visa category unless the marriage occurs with the original U.S. citizen petitioner.
•         K-1 visas are specific to the petitioner – cannot be transferred to another partner.

How We Can Help

At the Law Offices of Metin Serbest, we guide couples through every stage of the K-1 process:

•         Preparing and filing Form I-129F with USCIS.
•         Compiling proof of relationship and in-person meeting.
•         Coaching for the visa interview.
•         Preparing adjustment of status applications post-marriage.
•         Advising on travel, work authorization, and Green Card processing.

Schedule a Consultation

Contact the Law Offices of Metin Serbest to explore your eligibility for a K-1 fiancé(e) visa and take the first step toward bringing your future spouse to the United States.