K-1 Visa: A Potential Path to a Green Card for a Foreign Fiancé/Fiancée of a U.S. Citizen

A K-1 visa permits a foreign fiancé(e) to travel to the U.S. to marry his or her U.S. citizen sponsor within 90 days of arrival in the U.S. While the K-1 visa is considered a non-immigrant visa, an immigrant can obtain a green card through the K-1 process. After traveling to the U.S. and marrying within 90 days, the foreign fiancé(e) will then apply for adjustment of status to lawful permanent resident (Green Card Holder) with USCIS. Eligible children of K-1 visa applicants receive K-2 visas. If you are considering a K-1 Visa or would like to know more about the process, please do not hesitate to contact our office today to schedule an appointment.

Once the K-1 is approved, the foreign fiancé(e) travels to the U.S. where the engaged couple must marry within 90 days of the foreign fiancé(e)'s arrival.

The initial step in the K-1 process is the submission of an I-129F, Petition for Alien Fiancé(e), with USCIS. The U.S. Citizen fiancé(e) petitions on behalf of their foreign fiancé(e). After approval of the I-129F, the case is then forwarded to the U.S. Embassy or Consulate closest to the foreign fiancé(e).

Once the case is forwarded to the U.S. Embassy or Consulate, then the Applicant will submit their non-immigrant visa application along with supplementary evidence and pay the required fees. Additionally, the Applicant will be required to complete a medical examination and submit proof of financial support demonstrating that they are unlikely to become a public charge in the U.S. The applicant will then attend their interview with the consular officer.

If the visa petition is approved then the Applicant will be given their passport with the K-1 visa included and the Applicant will be permitted to proceed with a single admission within six (6) months from the date of issuance.

After receiving approval and entering the U.S., the Applicant must marry their U.S. Citizen Petitioner within 90 days of entry. Then after marrying, the Applicant can now proceed with their Adjustment of Status by filing Form I-485 with USCIS from within the U.S. Typically, we also file an I-765, Application for Employment Authorization, along with the I-485. If the I-485 is approved, then the Applicant fiancé/fiancée receives their green card!

The K-1 process is often lengthy and complex. However, retaining an experienced immigration attorney, like Jeffrey Olsen, can help you navigate this process. If we can be of any assistance in helping you with a K-1 Visa application or any other immigration matter, please do not hesitate to reach out today.

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The information in this blog is provided solely for informational purposes. The information provided is not intended to create an attorney-client relationship and shall not be construed as legal advice on any specific matter. Each legal matter is unique and requires an analysis based on the particular circumstances. As a result, the information provided here may not be applicable in every situation, including your situation, and action should not be taken based on this information without seeking specific legal advice based on particular circumstances. Results may vary depending on your particular facts and legal circumstance.