The K-1 nonimmigrant visa is intended for the foreign-born fiancé(e) of a U.S. citizen. This visa allows the foreign-born fiancé(e) to come to the United States for the purpose of marrying the U.S. citizen who sponsored them. To avoid removal proceedings, the marriage must take place within 90 days of the fiancé(e)’s arrival in the U.S.

Once the marriage has taken place, the foreign-born spouse can now apply for adjustment of status to that of permanent resident (LPR). Because the K-1 visa allows the foreign-born fiancé(e) to come to the U.S. and marry his or her sponsor shortly after arriving, the visa holder must satisfy some of the requirements for an immigrant visa. K-2 visas are available to qualifying children of K-1 visa applicants.

Related form:  FORM I-129F, Petition for Alien Fiancé(E)

Who is Eligible? (Eligibility test here)

• Have a U.S. citizen petition for you
• Plan on marrying your petitioner within 90 days of your arrival in the U.S.
• Be free to marry because any and all previous marriages have been ended by annulment, divorce, or death. Your sponsor must satisfy these requirements, as well.
• Have met your sponsor a minimum of 1 time within 2 years of filing your petition, with only two exceptions:
  1. If the required meeting would desecrate austere and time-honored customs by your social or cultural practice, or
  2. If your sponsor can show the required meeting would place an undue hardship on him or her.

Marriage Visa vs. Fiancé Visa

Have you already married your U.S. Citizen Spouse on a K-1 Visa? Ready to Adjust your Status and obtain your Green Card?

If you were admitted into the United States on the basis of a K-1 Visa, and you have already married your spouse (within 90 days of arriving into the U.S.), then you are now able to seek your Green Card directly by filing a Form I-485, Adjustment of Status application. To see if you’re eligible to seek this benefit, please click on the link below:

Adjustment of Status Quiz

As stated earlier, due to the nature of a K-1 visa, its holder must satisfy some of the requirements of an immigrant visa. To be eligible for a K-1 visa, you must:

• Have a U.S. citizen petition for you
• Plan on marrying your petitioner within 90 days of your arrival in the U.S.
• Be free to marry because any and all previous marriages have been ended by annulment, divorce, or death. Your sponsor must satisfy these requirements, as well.
• Have met your sponsor a minimum of 1 time within 2 years of filing your petition, with only two exceptions:
  1. If the required meeting would desecrate austere and time-honored customs by your social or cultural practice, or
  2. If your sponsor can show the required meeting would place an undue hardship on him or her.

Marriage Visa vs. Fiancé Visa

Have you already married your U.S. Citizen Spouse on a K-1 Visa? Ready to Adjust your Status and obtain your Green Card?

If you were admitted into the United States on the basis of a K-1 Visa, and you have already married your spouse (within 90 days of arriving into the U.S.), then you are now able to seek your Green Card directly by filing a Form I-485, Adjustment of Status application. To see if you’re eligible to seek this benefit, please click on the link below:

Adjustment of Status Quiz

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