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K-1 Fiance(e) Visa

How a U.S. citizen brings a foreign fiance(e) to the United States to marry, the in-person meeting and disclosure rules, what must happen after arrival, and the alternative of marrying abroad first.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.

What it means

The K-1 visa lets the fiance(e) of a U.S. citizen enter the United States to marry the citizen within a short period after arrival set by statute. Only citizens can file; permanent residents cannot. The couple must be free to marry, must intend to marry, and must generally have met in person within a set period before the petition is filed, unless USCIS waives that requirement for extreme hardship or because meeting would violate strict and long-established cultural or religious custom. The fiance(e)'s unmarried children under 21 can come with them on K-2 visas.

The citizen files Form I-129F with U.S. Citizenship and Immigration Services. Under the International Marriage Broker Regulation Act, the petition must disclose certain criminal convictions of the citizen, the government gives that information to the foreign fiance(e) along with information on their legal rights, and a citizen who has filed several fiance(e) petitions faces additional limits. After approval, the case moves to the State Department: the fiance(e) completes a visa application, a medical examination and an interview at a U.S. consulate, and the citizen usually provides an affidavit of support.

After arrival, the couple must marry within the statutory period; the K-1 holder can then apply to adjust status to permanent residence on Form I-485, and because the marriage is new the green card is usually issued as conditional residence, which the couple must later apply together to make permanent. A K-1 holder cannot change to another status or adjust on any other basis, and if the marriage does not take place they must leave. Many couples instead marry abroad and have the citizen file a spousal petition (Form I-130), which leads to an immigrant visa and a green card on arrival; which route is faster or cheaper changes with processing times. See green card.

Where this comes from

Immigration and Nationality Act, as codified in Title 8: K nonimmigrant classification, 8 U.S.C. § 1101(a)(15)(K)(i), (iii); petition, in-person meeting requirement and waiver, § 1184(d)(1); International Marriage Broker Regulation Act of 2005, § 1184(d)(2)-(3) and § 1375a; bar on change of status and adjustment other than through the petitioner, §§ 1255(d), 1258(a)(1); conditional residence, § 1186a. Regulations: 8 C.F.R. § 214.2(k); 22 C.F.R. § 41.81. Forms I-129F, I-485 and I-130: U.S. Citizenship and Immigration Services; affidavit of support, Form I-134 or I-864 as the consulate directs.

When people hire a lawyer for this

Many couples file K-1 petitions without a lawyer. An immigration lawyer is worth consulting if either partner has a prior marriage that is not clearly ended, any criminal history or prior immigration violation, if the couple has not met in person, if a consulate has issued a refusal or requested more evidence, or if you are deciding between a K-1 and marrying abroad. Use only a licensed attorney or a DOJ-accredited representative.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

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