A fiance visa, also known as a K-1 visa, allows the engaged partner of a United States citizen to enter the USA legally, but only if the couple marries within 90 days of arrival. Once married, the foreign spouse can apply for a green card (permanent residence) based on the marriage without leaving the country.
K-1 Visa Process Step by Step
- Form I-129F. The U.S. citizen files the Petition for Alien Fiancé(e) with USCIS, with proof of the relationship, proof that you met in person in the last two years, and proof you are both free to marry. The citizen must also disclose certain criminal history under the International Marriage Broker Regulation Act (IMBRA).
- National Visa Center and consulate. After approval, USCIS sends the petition to the State Department, which forwards it to the U.S. embassy or consulate in your fiancé’s country.
- Visa application and medical exam. Your fiancé completes the online visa application, gathers documents, and has a medical exam with an embassy-approved doctor. The consulate may ask for evidence that the U.S. citizen can support them.
- Interview. A consular officer interviews your fiancé and decides the K-1 visa.
- Entry. Customs and Border Protection inspects your fiancé at the port of entry.
- Wedding within 90 days. K-1 status cannot be extended. If you do not marry the petitioner within 90 days, your fiancé generally must leave the U.S.
- Green card. After the wedding, your spouse files Form I-485 to adjust status, with the I-864 Affidavit of Support.
K-1 Visa Eligibility
The K-1 visa allows a United States citizen to sponsor their fiance, but both partners must marry within 90 days after the sponsored fiance enters the United States.
K1 Visa Requirements Include:
⦁ The sponsoring partner must be a United States citizen – green card holders are not eligible to sponsor their fiance with a K1 visa.
⦁ Both partners must be free to marry – divorce decrees or death certificates must be provided to prove that any previous marriage has ended.
⦁ The couple must have met in person at least once within the two years before filing the petition. USCIS can waive this only in limited cases, such as when meeting would violate strict cultural customs or cause extreme hardship to the U.S. citizen.
⦁ The relationship must be proved with evidence such as photographs, travel records, hotel reservations, messages and statements from friends or family.
⦁ The sponsoring partner must show they can financially support their fiance. When the green card is filed after the wedding, the Form I-864 Affidavit of Support generally requires income of at least 125% of the Federal Poverty Guidelines.
Our K-1 visa lawyers in Norcross help couples across metro Atlanta prepare the petition and supporting documents. Book a consultation or call 678-292-6111.
K-1 Visa To Green Card
The process of moving from a K-1 visa to permanent residency is different from other immigrant visa categories, such as the EB-5 investor program. K-1 visa holders do not need to file a separate I-130 Petition for Alien Relative, because the approved Form I-129F fiance petition serves as the basis for the green card. After the wedding, the K-1 spouse files Form I-485 to adjust status to a marriage-based green card. A K-1 entrant can only get a green card through marriage to the U.S. citizen who filed the petition.
Can a K-1 fiancé work?
Yes, with a work permit. Your fiancé can file Form I-765 after arrival, but a permit based on K-1 status is valid only for the 90 days after entry. Many couples instead request a work permit together with the I-485. Do not start working until the permit is approved.
Can children come too?
Yes. Your fiancé’s unmarried children under 21 can receive K-2 visas if they are listed on the I-129F. They can travel with your fiancé or later, but not before.
Two-year conditional green card
If your marriage is less than two years old when the green card is approved, your spouse receives a two-year conditional card and must file Form I-751 to remove conditions before it expires. Read about conditional green cards and green card category codes such as CF1.
K-1 Fiancé Visa or Marry First?
| K-1 fiancé visa | Spousal immigrant visa (CR1/IR1) | |
|---|---|---|
| Where you marry | In the U.S., within 90 days of arrival | Before the case starts |
| How your partner enters | On a temporary K-1 visa, then applies for a green card | As a permanent resident |
| Filings after arrival | Form I-485, and a work permit if needed | None for the green card itself |
The better route depends on your partner’s country, current wait times and your plans. In 2026, travel restrictions, visa pauses and stricter security reviews affected people from certain countries, and some of those measures have since changed. The May 2026 USCIS memo also increased scrutiny of adjustment of status cases; read our analysis of the May 2026 memo. Check the USCIS fee schedule (G-1055) and State Department fees before filing.
Should I hire a lawyer for K1 visa?
The process of sponsoring a non-citizen fiance can be stressful and difficult. Our K1 Visa lawyers have experience in the field and have assisted clients with complex situations. A K1 Visa attorney can guide you through every step and help make sure your forms and documents are filled in and submitted properly.
What percentage of fiance visas are approved?
There is no single approval rate that predicts how your case will go. USCIS and the State Department review each petition on its own evidence. Common reasons for delays or denials include weak proof that the relationship is genuine, not meeting in person within two years before filing, missing documents, and past immigration or criminal issues. A lawyer can help you prepare a complete, well-documented petition, but no lawyer can promise that a petition will be approved.
How long does the K1 visa process take?
Processing times change often. The total time depends on how long USCIS takes to decide the Form I-129F and how long the U.S. embassy or consulate in your fiance’s country takes to schedule the visa interview. Check the current USCIS processing times for Form I-129F and the State Department’s interview wait times for your consulate.
K-1 Visa Lawyer Serving Atlanta, Georgia
BCA Law Firm helps U.S. citizens in metro Atlanta bring their fiancés to the United States. Our office is at 700 Holcomb Bridge Road in Norcross, in Gwinnett County, and we represent couples throughout metro Atlanta, including Atlanta, Duluth, Lawrenceville, Peachtree Corners, Suwanee, Doraville and Chamblee. Couples elsewhere in Georgia, in other states or abroad can meet with us online, because the K-1 process is federal.
What a K-1 case looks like for an Atlanta couple:
- The petition is filed with USCIS by the U.S. citizen living in Georgia.
- The visa interview takes place at the U.S. embassy or consulate in your fiancé’s country, not in Atlanta.
- The wedding happens here. In Georgia, marriage licenses are issued by the county probate court. Plan the date early so you can marry within 90 days of arrival.
- The green card interview, if USCIS schedules one, takes place at the USCIS office named on your interview notice.
Our attorneys can help you prepare the I-129F and the relationship evidence, get ready for the consular interview, plan the 90-day timeline, and file the I-485, work permit and I-864 after the wedding. Our founding attorney, Bhavya Chaudhary, has more than 20 years of expertise in U.S. immigration law and is an award-winning immigration attorney, recognized as a 2020 Attorney for Justice by the Tennessee Supreme Court’s Access to Justice Commission for her pro bono service.
K-1 Visa FAQ
Do I need a K-1 visa lawyer in Atlanta?
You are not required to have one. A lawyer helps when there are past marriages, prior visa denials, criminal or immigration history, a waiver of the in-person meeting, or a tight timeline for the wedding.
Can a green card holder file for a K-1 fiancé?
No. Only U.S. citizens can file a K-1 petition. Green card holders can petition for a spouse after the marriage.
What happens if we don’t marry within 90 days?
K-1 status cannot be extended. Your fiancé generally must leave the U.S. and cannot adjust status through anyone else.
Can my fiancé marry me in Georgia?
Yes. You get a marriage license from a Georgia county probate court and marry within 90 days of your fiancé’s arrival.
How long does the K-1 process take?
It depends on USCIS processing of the I-129F and the consulate’s interview wait. Check USCIS processing times and your consulate’s wait times.
¿Prefiere leer en español? Lea nuestra guía sobre la visa de prometido K-1.
Schedule a K-1 Consultation
Consultations are 30 minutes and cost $175, at our Norcross office or online. Our hours are Monday to Friday, 9:00 a.m. to 6:00 p.m. Call 678-292-6111 or book a consultation online.
Related reading: Family immigration lawyer · How long does an I-130 take? · Divorce and immigration · Immigration lawyer in Norcross
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
