Our firm guides U.S. citizens and their fiancé(e)s through the K-1 process, from the initial petition through the marriage and the application for permanent residence that follows.
A K-1 visa is a nonimmigrant visa. It allows the fiancé(e) of a U.S. citizen to enter the United States for the specific purpose of marrying that citizen within 90 days of arrival.
The K-1 visa permits the foreign fiancé(e) of a U.S. citizen to travel to the United States to marry. The marriage must take place within 90 days of entry.
Once the marriage has taken place, the new spouse may apply for Legal Permanent Residency without leaving the country, through a process known as adjustment of status.
Only U.S. citizens may file a K-1 petition. Lawful permanent residents are not eligible to petition for a fiancé(e) visa.
To qualify for a K-1 visa, a couple must generally show:
The in-person meeting requirement may be waived in limited circumstances, such as extreme hardship or where the meeting would violate long-established custom.
Unmarried children under the age of 21 may accompany a K-1 fiancé(e) to the United States under a K-2 visa.
To be eligible, those children must be named in the original K-1 petition.
The 90-day period to marry begins on the date of entry and cannot be extended.
After the marriage, the spouse files for adjustment of status. Work authorization may also be requested by filing Form I-765.
If the marriage does not take place, the fiancé(e) is required to depart the United States. Remaining beyond the authorized period can carry serious immigration consequences.
Whether you are petitioning for a fiancé(e) or considering another family immigration option, you can rely on our experience and commitment.
Please contact us for more information about your case so we may determine your best available option.
Only U.S. citizens may file a K-1 petition. Lawful permanent residents are not eligible to petition for a fiancé(e) visa, though they may petition for a spouse after marriage.
Generally yes. The couple must have met in person within the two years before the petition is filed. A waiver may be available in limited circumstances, such as extreme hardship or where an in-person meeting would violate long-established custom.
The marriage must take place within 90 days of entry. That period begins on the date of arrival and cannot be extended.
Yes. Unmarried children under 21 may accompany the fiancé(e) under a K-2 visa, provided they are named in the original K-1 petition.
Yes. After arriving, the fiancé(e) may request work authorization by filing Form I-765.
Not directly. After the marriage takes place, the spouse applies for Legal Permanent Residency through adjustment of status.
Contact us today for a free, confidential consultation. We are here to help you navigate the U.S. immigration system.