K-1 Fiancé Visa Attorney

The K-1 fiancé visa allows a U.S. citizen to bring a foreign fiancé to the United States so the couple can marry here and the new spouse can apply for a green card without leaving. Capitol Law Partners prepares the Form I-129F petition, guides the fiancé through the consular stage, and files the adjustment of status application after the wedding. We treat the case as one continuous matter rather than two separate filings, so nothing falls through the gap between the visa and the green card.

What a K-1 fiancé visa attorney does for you

Confirm that the K-1 is the right path, or whether marrying abroad and applying for a CR-1 or IR-1 immigrant visa would serve you better.
Prepare Form I-129F with proof of citizenship, the in-person meeting, the intent to marry and the IMBRA disclosures.
Request a waiver of the meeting requirement where hardship or custom justifies it.
Guide the fiancé through the DS-160, the medical exam, the document checklist and the consular interview.
Include the fiancé's children as K-2 applicants.
File the I-485, I-765 and I-131 after the wedding and prepare you for the adjustment interview.
Pursue a mandamus action if the I-129F sits at USCIS far beyond posted processing times.

Who qualifies for a K-1 visa

Only a U.S. citizen may petition for a fiancé. Permanent residents cannot use the K-1 and must marry first and file Form I-130 in the F2A category. The couple must meet these requirements:

Both free to marry. Any prior marriage of either partner must have ended by divorce, annulment or death, with documents to prove it.
Genuine intent to marry within 90 days of entry. The relationship must be real and the plan to marry concrete. Both partners sign statements of intent.
In-person meeting within the two years before filing. The couple must have met face to face at least once in that window; online contact alone does not count. USCIS can waive the requirement if meeting would violate strict and long-established customs of the foreign fiancé's culture, or would cause extreme hardship to the U.S. citizen.
IMBRA disclosures. The International Marriage Broker Regulation Act requires the petitioner to disclose certain criminal convictions and any prior I-129F filings. A petitioner who has filed two or more K-1 petitions, or had one approved within the past two years, needs a waiver of the filing limits.

Same-sex couples qualify on the same terms, including when the fiancé's home country does not recognize the relationship, because the marriage will take place in the United States.

Process and timeline

Form I-129F. The citizen files the petition with USCIS with evidence of the relationship, the meeting and the intent to marry. Processing times are published by USCIS and vary; we track the case and escalate if it stalls.
National Visa Center and consulate. The approved petition goes to the NVC and then to the U.S. embassy or consulate in the fiancé's country. The fiancé completes the DS-160 nonimmigrant visa application, gathers police certificates and civil documents, and completes the medical exam with a panel physician.
Interview. The consular officer interviews the fiancé about the relationship and reviews the petitioner's Form I-134 declaration of financial support. Children under 21 apply for K-2 visas at the same time or within one year after the K-1 is issued.
Entry and wedding. The fiancé enters on the K-1 and the couple must marry within 90 days. The K-1 cannot be extended.
Adjustment of status. After the wedding we file Form I-485 with Form I-765 for a work permit, Form I-131 for advance parole and the Form I-864 affidavit of support. No separate I-130 is needed. USCIS schedules biometrics and usually an interview. If the marriage is under two years old at approval, the spouse receives a conditional two-year card and later files Form I-751.

Evidence and documents

Proof of U.S. citizenship: passport, birth certificate or naturalization certificate.
Proof of the in-person meeting: passport stamps, boarding passes, hotel records and dated photographs together.
Evidence of the relationship: messages, call logs, travel, gifts and letters from family and friends.
Signed statements of intent to marry from both partners and any wedding plans.
Divorce decrees, annulments or death certificates ending prior marriages.
IMBRA disclosures and, if the couple met through a marriage broker, the broker's compliance documents.
For the consular stage: DS-160 confirmation, valid passport, birth certificate, police certificates, medical exam results, Form I-134 and the petitioner's tax documents.

Limits of K-1 status

The K-1 is a single-purpose visa. The holder cannot change to another nonimmigrant status, such as a student or work visa, and cannot adjust status through anyone other than the citizen who filed the I-129F. This is true even if the fiancé later marries a different U.S. citizen or receives a job offer. If the marriage does not take place within 90 days, the fiancé is expected to depart; staying accrues unlawful presence and leaves no path to a green card from inside the United States through another marriage or an employer. Couples who marry each other after the 90 days have passed can usually still adjust, because the application rests on the marriage to the petitioner, but the delay must be explained.

K-1 or a CR-1 immigrant visa?

Couples who can marry abroad have a second option: marry first, file Form I-130, and complete consular processing for a CR-1 or IR-1 immigrant visa. That marriage-based green card route brings the spouse into the United States as a permanent resident, with work authorization on arrival and no second application. The K-1 often brings the fiancé here sooner and lets the couple marry in the United States, but it is followed by a separate adjustment case with its own forms, filing fee and wait for the work permit. We compare both paths against your timeline, where you prefer to wait and whether a wedding abroad is practical.

Common problems we help you avoid

A meeting that falls just outside the two-year window, or proof of the meeting that does not show both partners together.
An undisclosed prior marriage or an incomplete IMBRA disclosure, which can lead to denial and a misrepresentation finding.
Relying on the K-1 when the petitioner is a permanent resident, or when the couple is already married.
Filing the I-485 before the marriage certificate is issued, or waiting so long after the wedding that the delay needs explaining.
Travel abroad after entry on the K-1 and before advance parole is approved, which can leave the spouse stranded outside the United States.
An I-129F that sits far beyond posted processing times with no action. Our immigration mandamus team can ask a federal court to compel a decision.

Your K-1 fiancé visa attorney

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and handles fiancé visas and marriage-based green cards alongside employment-based immigration, business and trademark matters. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent couples from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, and we handle every other family category described on our family-based immigration page.

Learn more about fiancé and spousal visas

Start your K-1 case

Tell us where your fiancé lives, when you last saw each other in person and when you hope to marry, and we will tell you whether the K-1 or a spousal immigrant visa fits better. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can a green card holder file a K-1 fiancé petition?

No. Only a U.S. citizen may file Form I-129F. A lawful permanent resident who wants to sponsor a partner must marry first and file Form I-130 in the F2A category, then wait for a current priority date under the Visa Bulletin. If the permanent resident naturalizes during the wait, the spouse becomes an immediate relative and the case moves forward without a backlog.

Do we have to have met in person before filing?

Yes. The couple must have met face to face at least once in the two years before the I-129F is filed, and video calls do not count. USCIS can waive the requirement if an in-person meeting would violate strict and long-established customs of the foreign fiancé's culture or would cause extreme hardship to the U.S. citizen, but both waivers require detailed evidence.

Can my children come with me on a K-1 visa?

Yes. Your unmarried children under 21 can apply for K-2 visas, either at the same interview or within one year after your K-1 is issued. They must be listed on the I-129F. After the wedding, each K-2 child files their own Form I-485 to adjust status along with you, and the child must still be unmarried and under 21 at the time of adjustment.

What happens if we do not marry within 90 days?

The K-1 cannot be extended. If the marriage does not take place, the fiancé is expected to leave the United States; staying accrues unlawful presence, and the fiancé cannot adjust status through anyone other than the petitioner. If the couple marries each other after the 90 days have passed, adjustment is usually still possible, but the delay must be explained and documented.

Can I work after entering on a K-1 visa?

Not right away in most cases. A K-1 holder may apply for a work permit based on K-1 status, but it is valid only for the 90-day period and rarely arrives in time to be useful. Work authorization normally comes from the Form I-765 filed with the I-485 after the wedding. We file the I-485 package as soon as the marriage certificate is available to shorten the wait.

Can I switch to a student or work visa instead of marrying?

No. The K-1 is a single-purpose visa. Its holder cannot change to another nonimmigrant status inside the United States and cannot adjust status on any basis other than marriage to the citizen who filed the I-129F. A fiancé who decides not to marry, or who wants to study or work instead, must depart and apply for the appropriate visa at a consulate abroad.

Is the K-1 faster than a CR-1 spousal visa?

It depends on current processing times, which USCIS and the Department of State publish. The K-1 often brings the fiancé to the United States sooner, but it is followed by a separate adjustment of status case before the green card and work permit arrive. The CR-1 takes longer before entry, but the spouse arrives as a permanent resident with no second application.

What is IMBRA and how does it affect my petition?

The International Marriage Broker Regulation Act requires the U.S. citizen petitioner to disclose certain criminal convictions and any previous I-129F filings, and those disclosures are shared with the fiancé at the consulate. A petitioner who has filed two or more K-1 petitions, or had one approved within the past two years, must request a waiver of the filing limits. Omissions can result in denial and a misrepresentation finding.

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K-1 Fiancé Visa Attorney: I-129F Petition and Adjustment Lawyers