K-1 Fiancé Visa for U.S. Citizens

Family-Based Green Card Petitions for Fiancé of U.S. Citizens

Serving Clients in Santa Ana

The K-1 visa is a temporary visa with a permanent goal.

A K-1 fiancé visa allows a U.S. citizen to bring a foreign fiancé to the United States for the specific purpose of marriage.

It is a nonimmigrant visa, but for couples who follow the required steps, it is designed as a direct bridge to a marriage-based green card.

Fontes Law Group immigration lawyers helps clients build a complete, well-documented petition from the start, since delays and denials often come down to gaps in evidence of a genuine relationship or missed deadlines along the way.

We serve clients from our Santa Ana and Riverside offices, and our team is fully bilingual in English and Spanish.

Who the K-1 Visa Is For

The K-1 classification is defined under 8 U.S.C. Section 1101(a)(15)(K) and is available only to the fiancé of a U.S. citizen.

Lawful permanent residents cannot petition for a fiancé and must instead wait until after marriage to file a spousal green card petition.

The petitioner files Form I-129F, Petition for Alien Fiancé(e), which requires evidence that both parties intend to marry within 90 days of the fiancé’s admission to the United States, along with proof that both are legally free to marry.

Why Clients Choose Fontes Law Group

Experience. Compassion. Results.

At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our immigration attorneys understand how stressful and uncertain the immigration process can be, whether you’re seeking a visa, applying for a green card, fighting deportation, or pursuing U.S. citizenship. We guide individuals and families through every step of the process with clarity, compassion, and strong legal advocacy.

Clients choose Fontes Law Group because we offer:

• Proven success handling family-based immigration, employment visas, green cards, citizenship, asylum, and deportation defense
• A bilingual legal team serving clients in English and Spanish
• Office locations in Santa Ana and Riverside
• No fees for your initial consultation
• A trusted reputation helping immigrants and families across Southern California

K-1 Fiancé Visa Basic Requirements

• The petitioner must be a U.S. citizen; lawful permanent residents are not eligible to file a fiancé petition
• Both parties must be legally free to marry, meaning any prior marriages have been legally terminated
• The couple must intend to marry within 90 days of the fiancé’s admission to the United States
• The couple must generally have met in person at least once within the two years before filing Form I-129F, with narrow exceptions for certain religious, cultural, or hardship circumstances, according to USCIS
• The petitioner files Form I-129F with evidence of a bona fide intent to marry

How the Filing Process Works

The K-1 process moves through three agencies in sequence.

1) The U.S. citizen files Form I-129F with USCIS.

2) Once approved, USCIS sends the petition to the Department of State’s National Visa Center, which forwards it to the U.S. embassy or consulate where the fiancé will apply for the visa.

3) The fiancé then completes Form DS-160, undergoes a medical exam, and attends a visa interview at the embassy or consulate.

If approved, the fiancé receives a K-1 visa and travels to the United States. K-1 status automatically expires 90 days after entry and cannot be extended, so the marriage must take place within that window.

Marrying and Applying for a Green Card

If the couple marries within 90 days of the fiancé’s admission, the new spouse may apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Because the fiancé entered as a K-1 nonimmigrant, adjustment of status is only available on the basis of that marriage, under 8 U.S.C. Section 1255(d).

Spouses married less than two years at the time permanent residence is granted receive conditional permanent residence and must later file a joint petition to remove the conditions.

If the couple does not marry within the 90-day window, the fiancé is not eligible to adjust status based on that petition and generally must leave the United States.

Bringing Your Fiancé’s Children

An unmarried child of the fiancé who is under 21 may be eligible for a K-2 visa if the child is listed on the Form I-129F.

The child may travel with the fiancé or follow later, provided travel occurs within one year of the K-1 visa’s issuance.

If the couple marries within the required 90 days, K-2 children may also apply for a green card, provided they remain unmarried.

Work Authorization

After entering the United States, a K-1 visa holder may apply for work authorization by filing Form I-765, Application for Employment Authorization.

Work authorization requested at this stage is valid for only 90 days. F

iling Form I-765 together with the green card application after marriage instead results in work authorization valid for one year, which can be extended in one-year increments.

Speak With a Immigration K-1 Visa Attorney

If you are planning to bring your fiancé to the United States, or your fiancé has already arrived and your 90-day window is running, Fontes Law Group can help you move quickly and correctly. Call our Santa Ana office at 714-571-0738 to schedule your free initial consultation.

Helpful Resources

FAQs About the K-1 Fiancé Visa