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K-1 Fiancé Visa Attorney | Harari Law

By Talia Harari, Attorney at Law. Updated September 2026.

The K-1 visa lets the foreign fiancé of a U.S. citizen enter the United States to marry. The wedding must take place within 90 days of arrival, and the new spouse then applies for a green card from inside the U.S. Only U.S. citizens can file; green card holders cannot.

Key Takeaways

  • The U.S. citizen files Form I-129F with USCIS.
  • You must have met in person within two years before filing, unless a waiver applies.
  • Unmarried children under 21 can come on K-2 visas.

Who Qualifies

  • The petitioner is a U.S. citizen.
  • You are both legally free to marry, and any prior marriages have ended.
  • You both intend to marry within 90 days of the fiancé’s arrival.
  • You met in person within the two years before filing. USCIS can waive this for extreme hardship or strict cultural or religious custom.
  • The fiancé passes the consular interview, medical exam and background checks.

See the USCIS fiancé visa page.

How We Handle It

  1. Consultation. We learn your relationship and backgrounds.
  2. Strategy session with our legal team. We compare the K-1 with marrying first.
  3. Evidence and preparation. We gather proof of the relationship.
  4. Review and filing. You review the petition with us, then we file.

After the wedding, the next step is adjustment of status. Already married? See the marriage green card.

Ready to talk through your K-1 case?

Request a Consultation

Flat fee, quoted in full before we begin. Admitted in New York, representing clients nationwide and abroad.

Frequently Asked Questions

Should we use a K-1 or marry first?

Both work. Marrying first means your spouse arrives as a permanent resident; the K-1 means adjusting status here.

What if we do not marry within 90 days?

K-1 status cannot be extended or changed, and the fiancé generally must leave.

Can my fiancé work after arriving?

Yes, with a work permit, often requested with the post-wedding green card filing.

Related: all the visas we handle, marriage green card, adjustment of status.

This article is general information from Harari Law, not legal advice, and does not create an attorney-client relationship. Immigration law and agency policy change; outcomes depend on individual facts. Prior results do not guarantee a similar outcome.