K-1 Fiancé(e) Visa and Adjustment of Status

Overview of the K-1 Fiancé(e) Visa

If your fiancé is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé.* After the petition is approved, your fiancé must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. After the wedding, our green card lawyer in Naples, FL can explain the next steps toward permanent residence. A fiancé may not obtain an extension of the 90-day original nonimmigrant admission. If you are already married, see our guide to the marriage green card process.

Applying for a Green Card After a K-1 Fiancé(e) Visa

If your fiancé intends to live and work permanently in the United States, your fiancé should apply to become a permanent resident after your marriage. (If your fiancé does not intend to become a permanent resident after your marriage, your fiancé/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancé will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence. You and your spouse must then apply together to remove the conditions, generally within the 90 days before the two-year anniversary of the date conditional residence was granted.