K-1 Fiancé(e) Visa Cases

General Qualifications for a K-1 Fiancé(e) Visa

The K-1 visa lets the foreign fiancé(e) of a U.S. citizen enter the U.S. to marry. The citizen files Form I-129F with USCIS. After approval, the case moves to the embassy or consulate, where the fiancé(e) applies for the visa with Form DS-160. Eligible unmarried children under 21 may receive K-2 visas.

The couple must marry within 90 days of admission. K-1 and K-2 status expires after 90 days and cannot be extended. After the marriage, the spouse may apply for a green card on Form I-485. A K-1 fiancé(e) may not apply for a green card on any basis other than marriage to the petitioner.

Clients This Case Type Helps

• U.S. citizens engaged to a foreign national living abroad
• Fiancé(e)s with unmarried children under 21 who need K-2 visas
• Couples who need a waiver of the in-person meeting requirement
• Couples with prior marriages that must be legally ended
• K-1 entrants who have married and now need to adjust status

General Qualifications

• The petitioner is a U.S. citizen filing Form I-129F with USCIS.
• Both partners are legally free to marry, and any prior marriages ended by divorce, death or annulment.
• The couple intends to marry within 90 days of the fiancé(e)'s admission to the U.S.
• The couple met in person at least once within 2 years before filing, unless meeting would violate strict customs or cause extreme hardship.
• The marriage is not for the sole purpose of obtaining an immigration benefit.
• K-2 children must stay unmarried and under 21 to be admitted and cannot travel before the K-1 fiancé(e).

Consultation Screening Questions

1. Is the petitioner a U.S. citizen? How and when did they become one?
2. When did you last meet in person, and what proof of that meeting do you have?
3. Have either of you been married before, and have all prior marriages legally ended?
4. Has the petitioner filed a fiancé(e) or spouse petition for anyone else before?
5. Does the petitioner or the fiancé(e) have any arrests or criminal convictions?
6. Does the fiancé(e) have children, and will any turn 21 or marry before travel?
7. Has the fiancé(e) ever been in the U.S., overstayed, been refused a visa or been removed?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.