The National Association of Foreign-BornK-1 Visa: Fiancee Visa to Marry U.S. Citizen in the U.S.
K-1 Visa Fiancee Visa Marriage Green Card Marry US Citizen Immigration
- Am I Eligible for a K-1 Visa (Fiancee Visa)?
- The K-1 Visa (Fiancee Visa) Process
- How Do I Apply for a K-1 Visa (Fiancee Visa)?
- Work Permits
- Checking the Status of my K-1 Visa (Fiancee Visa) Application
- How Can I Appeal a Denial of my K-1 Visa (Fiancee Visa)?
- HELP! with K-1 Visas (Fiancee Visas)
- Additional Information on K-1 Visas (Fiancee Visas)
Am I Eligible for a K-1 Visa (Fiancee Visa)?
If you are a U.S. citizen who wants to bring your foreign national fiancee (male or female) to marry in the U.S., you may petition (apply) for a K-1 visa (fiancee visa) for your fiancee. Both of you must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the K-1 visa (fiancee visa). This requirement can be waived only if meeting your fiancee in person would violate long-established customs or would create extreme hardship for you. You and your fiancee must marry within 90 days of your fiancee entering the United States.
You may also apply (on the same petition) to bring your fiancee's unmarried children, who are under age 21, to the United States.
Legal permanent residents may not file petitions for K-1 visas (fiancee visas), although they may petition for the immigration of their new wife or husband after the wedding (see Green Card for My Wife or Husband to Live in the U.S. as a Permanent Resident.
The K-1 Visa (Fiancee Visa) Process
After your petition is approved, your fiancee must obtain a K-1 visa issued at a U.S. Embassy or consulate abroad. Your fiancee must remain unmarried until the arrival of the fiancee in the U.S. The marriage must take place within 90 days of your fiancee entering the United States. If the marriage does not take place within 90 days or your fiancee marries someone other than you (the U.S. citizen filing the petition), your fiancee will be required to leave the United States. Until the marriage takes place, your fiancee is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day original nonimmigrant K-1 visa admission.
If your fiancee intends to live and work permanently in the United States, your fiancee should apply for a Green Card to become a permanent resident after your marriage. (If your fiancee does not intend to obtain a Green Card (become a permanent resident) after your marriage, your fiancee/new spouse must leave the country within the 90-day original nonimmigrant K-1 visa admission. For information on applying for Green Card permanent resident status while your new wife or husband is in the U.S., please see Green Card: Become a Permanent Resident While in the U.S. (Adjust Status) Your new wife or husband will initially receive conditional Green Card (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 status. For more information, please see Removing Conditional Resident Status (for Marriage-Based Green Card).
Please note that your fiancee may enter the United States only one time with a K-1 visa (fiancee visa). If your fiancee leaves the country before you are married, your fiancee may not be allowed back into the United States without a new visa.
If your new wife or husband will apply for a Green Card to become a legal permanent resident while in the U.S. but also plans to travel outside the U.S. while the application is pending, see Advance Parole: Foreign Travel with a Pending Green Card Immigration Application.
How Do I Apply for a K-1 Visa (Fiancee Visa)?
Please see K-1 Visa Application: Fiancee Visa to Marry U.S. Citizen
Work Permits
After arriving in the United States, your fiancee will be eligible to apply for a work permit. (You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) Your fiancee should use Form I-765 to apply for a work permit. Please see Obtaining a Work Permit for more information. If your fiancee applies for a Green Card (adjustment to permanent resident status) after the wedding, your fiancee must re-apply for a new work permit.
Checking the Status of my K-1 Visa (Fiancee Visa) Application
You may check the status of your application or case online, by phone, or by contacting an appropriate USCIS office. For details see Check Case Status - Check Visa Status and Immigration Case Status with USCIS.
You may also want to review US Visa Wait Times and USCIS Immigration Processing Times. For more assistance, see HELP! (below).
How Can I Appeal a Denial of my K-1 Visa (Fiancee Visa)?
If your petition for a K-1 visa (fiancee visa) is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, see Appealing the Denial of My Petition or Application.
HELP with K-1 Visas (Fiancee Visas)...
- Have a specific question? To help you find an answer quickly, we have placed "Ask a Lawyer" boxes on this page. Simply type a question in any of the boxes to receive a response online from a visa and immigration lawyer.
- For assistance outside of the U.S., contact the nearest U.S. Consulate.
- For inquiries on visa cases in progress overseas, contact the appropriate U.S. Consulate or Embassyhandling your case.
- For assistance within the U.S., contact your nearest USCIS District Office or Sub Office. This link provides telephone numbers, addresses, directions, office hours, local filing procedures, and more.
- In the U.S., you may also call the national USCIS toll-free information service at 1-800-375-5283.
- You may also contact the State Department's Visa Office at 202-663-1225, or email a general inquiry to usvisa@state.gov. Be sure to indicate the general subject of your inquiry on the subject line (e.g., fiancee visa), and do not expect an immediate reply. You may also write to:
U.S. Department of State
Visa Services
Washington, DC 20520-0113
- You may also want to seek the advice of an immigration attorney, or an immigrant assistance organization. A list of accredited organizations and individuals is maintained by the Executive Office of Immigration Review, which also maintains a list of free legal service providers.
Additional Information on K-1 Visas (Fiancee Visas)
For application and filing instructions, see:
K-1 Visa Application: Fiancee Visa to Marry U.S. Citizen
For details on adjusting to permanent resident status if your fiancee is already in the United States, see:
Green Card: Become a Permanent Resident While in the U.S. (Adjust Status)
If your fiancee (new spouse) is in the U.S. and wants to work while their application to adjust to permanent resident status is pending, see:
Obtaining a Work Permit
If your fiancee (new spouse) is in the U.S. and needs to travel outside the U.S. while their application to adjust to permanent resident status is pending, see:
Advance Parole: Foreign Travel with a Pending Green Card Immigration Application
For details about removing conditional resident status, see:
Removing Conditional Resident Status (for Marriage-Based Green Card)
For online forms and fee information, including fee waivers, see:
US Immigration Forms, Fees & Filing Locations
If you are outside of the United States and need information regarding immigrating to the United States, contact your nearest U.S. Consulate:
US Embassies and US Consulates
