Family immigration · Fiancé(e) visa
K‑1 Fiancé(e) Visa Lawyer: From I‑129F to Green Card
Engaged to a U.S. citizen? We file the I-129F, guide your fiancé(e) through the NVC and the embassy interview, and then file the green card after your wedding. Two stages, handled in order, with every government fee listed. Washington, DC office; couples nationwide and abroad; consultations in English, Spanish, French and Arabic.
Who qualifies for a K-1 visa
The K-1 is a nonimmigrant visa that lets the foreign fiancé(e) of a U.S. citizen enter the United States to marry, then apply for a green card. It is defined on the State Department's K-1 visa page. To qualify:
- The petitioner must be a U.S. citizen. Green card holders cannot file a K-1 petition.
- Both partners must be legally free to marry when the I-129F is filed, with any prior marriage ended by divorce, annulment or death.
- You must intend to marry within 90 days of the fiancé(e)'s arrival.
- You generally must have met in person within the two years before filing. USCIS may waive this for extreme hardship to the petitioner or where meeting would violate strict, long-established cultural or religious custom.
- The petitioner must disclose certain criminal history under the International Marriage Broker Regulation Act, and filing limits apply to petitioners who have filed earlier K-1 petitions.
K-1 or spouse visa: which is right for you
Couples often ask whether to file a K-1 now or marry abroad first and file an I-130 spouse petition (a CR-1 or IR-1 immigrant visa). Neither is always faster. The trade-offs:
| K-1 fiancé(e) | CR-1 / IR-1 spouse | |
|---|---|---|
| Where you marry | In the U.S., within 90 days of entry | Before filing, anywhere |
| USCIS petition | Form I-129F | Form I-130 |
| Status on arrival | K-1 nonimmigrant; must still file I-485 | Permanent resident on entry |
| Green card application in the U.S. | Yes, I-485 after marriage | No; the card is mailed after entry |
| Work on arrival | Only with a work permit | Yes, as a permanent resident |
| Travel after arrival | Not without advance parole until the green card | Free to travel |
| Total government fees | Two stages (see table below) | Usually lower; no I-485 |
| Children | K-2, on the same petition | Separate petitions may be needed |
If you are already married, the K-1 is not available. Use our I-130 and consular processing services, or the marriage green card package if your spouse is in the U.S.
What each stage covers
Stage 1: petition and visa
- Eligibility review, including prior marriages, the in-person meeting and any criminal-history disclosure
- Form I-129F for the petitioner and the relationship evidence packet
- NVC and embassy steps after approval, the DS-160 and the civil document list
- The petitioner's Affidavit of Support (Form I-134) for the interview, where the embassy requires it
- Interview preparation for the fiancé(e) and any K-2 children
Stage 2: green card after marriage
- Form I-485 adjustment of status, with the marriage certificate
- Form I-864 Affidavit of Support and financial evidence
- Forms I-765 (work permit) and I-131 (advance parole), if wanted
- Medical exam coordination, as instructed by USCIS for K-1 entrants
- Interview preparation at the USCIS field office
Your engagement letter lists exactly what each stage includes, such as Request for Evidence responses and translations.
Government fees, both stages
| Stage | Item | Fee |
|---|---|---|
| 1 | I-129F petition (USCIS) | $675 |
| 1 | K visa application, per applicant (State Department) | $265 |
| 1 | Medical exam (panel physician) | Set by the physician |
| 2 | I-485 adjustment of status | $1,440 (paper) / $1,390 (online) |
| 2 | I-765 work permit, with a pending I-485 (optional) | $260 |
| 2 | I-131 advance parole (optional) | $630 (paper) / $580 (online) |
| 2 | I-864 Affidavit of Support | $0 |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Government fees change; confirm on the USCIS fee schedule and the State Department's visa fee page before filing.
K visa holders are exempt from the USCIS Immigrant Fee. No new I-130 is needed for the green card, because the approved I-129F and the marriage support the adjustment.
Step-by-step K-1 timeline
- The U.S. citizen files Form I-129F with USCIS, with evidence of the relationship and the in-person meeting.
- USCIS approves the petition and sends it to the National Visa Center, which forwards it to the embassy.
- The fiancé(e) completes the online DS-160, pays the K visa fee, gathers civil documents and police certificates, and completes the medical exam.
- The fiancé(e) interviews at the embassy. If approved, the K-1 visa is issued.
- The fiancé(e) enters the U.S. once, before the visa expires.
- The couple marries within 90 days of entry.
- The spouse files Form I-485 with Form I-864, and usually Forms I-765 and I-131.
- USCIS interviews the couple and approves the green card. If the marriage is under two years old on approval, the card is conditional.
The 4-month, 6-month and 90-day rules
- 4 months: an approved I-129F is valid for four months; the consular officer can extend it.
- Up to 6 months: a K-1 visa is generally valid for a single entry within up to six months of issuance.
- 90 days: the marriage must take place within 90 days of admission. K-1 status cannot be extended.
We do not quote processing times. Check the I-129F and I-485 on the USCIS processing times page and the NVC timeframes.
Bringing children on K-2 visas
Unmarried children under 21 of the fiancé(e) can receive K-2 visas if they are listed on the I-129F. They can travel with the parent or follow within one year of the K-1's issuance. Each child must file their own I-485 after the parent's marriage, with its own fee. Children close to 21 need careful timing, because age matters at several points in the process.
The K-1 interview: documents and preparation
The consular officer is deciding two things: whether the relationship is genuine and whether you both intend to marry within 90 days. Bring:
- Valid passport and the DS-160 confirmation page
- Birth certificate, and divorce or death certificates for any prior marriage
- Police certificates from countries of residence as the embassy requires
- Sealed medical exam results, if the panel physician provides them to you
- The petitioner's Form I-134 and recent tax and income evidence
- Relationship evidence: photos together, travel records showing the meeting, ongoing communication, wedding plans
We run a mock interview based on your history and the embassy's known practices.
After you marry: adjustment of status
A K-1 visa does not make anyone a permanent resident. After the wedding, the spouse files Form I-485. A K-1 entrant can adjust only through marriage to the petitioner, and cannot change to another visa category. While the I-485 is pending, the spouse should not travel abroad without advance parole, because leaving generally abandons the application. If the green card is conditional, plan ahead for Form I-751 in the 90 days before the second anniversary of residence, and later for citizenship.
If the petition or visa is delayed: mandamus
Fiancé(e) cases can stall at USCIS, at the NVC or at the embassy. When inquiries fail and the wait is unreasonable, DC Federal Litigation PLLC can evaluate a federal mandamus lawsuit. See immigrant and K visa delays at the consulate, NVC stage delays, administrative processing and, after the wedding, I-485 adjustment delays.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
If a delay calls for federal court, DC Federal Litigation PLLC handles that litigation from Washington, DC. Consultations are available in English, Spanish, French and Arabic.
Frequently asked questions
Do I need a lawyer for a K-1 visa?
No law requires one. Couples hire a lawyer to avoid the mistakes that cause delay or refusal: an incomplete divorce record, a missed criminal-history disclosure, a DS-160 answer that conflicts with prior visa applications, or weak proof of the in-person meeting. A lawyer also plans the green card stage before the fiancé(e) travels, so the 90-day clock and adjustment run smoothly.
How soon do we need to get married after entering the U.S.?
Within 90 days of the K-1 holder's admission. The 90 days cannot be extended. The wedding must be to the U.S. citizen who filed the I-129F, and it can be a civil ceremony; you can hold a larger celebration later. File the I-485 soon after the marriage so the spouse can request a work permit and stay in the U.S. while the green card is decided.
Can my children come with me?
Yes, if they are unmarried, under 21 and listed on the I-129F. They receive K-2 visas and can travel with you or within one year after your K-1 is issued. Each child files their own I-485 after your marriage. Children nearing 21 need careful planning so they do not age out of eligibility.
Can K-1 visa holders work in the U.S.?
Not automatically. A K-1 entrant can apply for a work permit based on K-1 status, but that permit lasts only for the 90-day period, so most people instead file Form I-765 with the I-485 after the wedding. Do not start work until a work permit is approved.
Can I leave and re-enter on a K-1 visa?
No. The K-1 allows a single entry. If the K-1 holder leaves the U.S. after entering, they generally cannot return on the same visa. After marriage and filing the I-485, travel requires advance parole; leaving without it usually abandons the green card application.
Does the K-1 visa automatically give me a green card?
No. The K-1 only allows entry to marry. After the wedding, the spouse must file Form I-485 with an I-864 Affidavit of Support and attend a USCIS interview if one is scheduled. If the marriage is less than two years old when USCIS approves the green card, it will be a two-year conditional card.
What happens if we don't marry within 90 days?
K-1 status ends and cannot be extended or changed to another category. The fiancé(e) is expected to leave the U.S., and staying begins to accrue unlawful presence. If you marry the petitioner after the 90 days, a green card may still be possible through a new petition, but the path is more complex. Get advice before day 90.
Should we do a K-1 or marry first and file a spouse petition?
It depends on where you want to marry, how soon the foreign partner needs to arrive, and total cost. A K-1 brings the fiancé(e) here to marry but requires a separate green card application after the wedding. A spouse visa takes the I-130 route and the spouse arrives as a permanent resident, usually with lower total government fees. We compare both for your situation at consultation.
Do we have to have met in person?
Yes, generally within the two years before the I-129F is filed. Proof can include photos together, boarding passes, passport stamps and hotel records. USCIS may waive the requirement if meeting would cause extreme hardship to the U.S. citizen or would violate strict, long-established customs of the fiancé(e)'s culture or social practice. Waivers need strong documentation.
What documents do we need for the K-1 interview?
Typically a valid passport, DS-160 confirmation, birth certificate, proof that prior marriages ended, police certificates, medical exam results, the petitioner's Form I-134 with income evidence, and evidence of the relationship and wedding plans. Each embassy publishes its own list, which we check for your post.
Plan your K-1 from petition to green card
Tell us when and where you met, any prior marriages, and your wedding plans. We confirm eligibility, compare the K-1 with a spouse visa for your situation, and send a written engagement letter covering both stages.