Family-Based Immigration
Fiancé Visa
K-1
K-1
Bring your foreign fiancé(e) to the United States to marry within 90 days. Attorney Shair handles the complete K-1 process — from I-129F petition to Green Card adjustment after marriage.
Bring your foreign fiancé(e) to the United States to marry within 90 days. Attorney Shair handles the complete K-1 process — from I-129F petition to Green Card adjustment after marriage.
The K-1 fiancé visa allows a U.S. citizen to bring their foreign national fiancé(e) to the United States for the purpose of marriage. Once the foreign fiancé(e) enters the U.S. on a K-1 visa, the couple must marry within 90 days — there are no extensions. After marriage, the foreign spouse may apply for adjustment of status (Form I-485) to obtain lawful permanent residence.
The K-1 visa is available only to U.S. citizens — not lawful permanent residents. It requires that both parties have met in person within the 2 years before filing, are both legally free to marry, and genuinely intend to marry within 90 days of the foreign national's entry. Children of the foreign fiancé(e) may accompany or follow on K-2 derivative visas.
"Every K-1 visa tells a love story. Attorney Shair handles every fiancé visa case with the personal attention and care that two people starting their life together deserve — making the process as smooth as possible."
If the foreign fiancé(e) does not marry the U.S. citizen petitioner within 90 days of entry on the K-1 visa, their authorized stay expires and they must depart the United States. They cannot extend the K-1 status, change to another nonimmigrant status, or adjust status — the K-1 visa is strictly single-purpose and non-extendable. If the fiancé(e) fails to depart, they begin accruing unlawful presence — potentially triggering the 3-year or 10-year bar. Contact Attorney Shair immediately if you are in this situation.
Not immediately. A K-1 visa holder cannot legally work in the United States until they have filed Form I-765 (Application for Employment Authorization) after marrying and filing I-485. USCIS typically processes EAD applications within 3–7 months of filing. The Advance Parole (Form I-131) should also be filed concurrently — allowing travel outside the U.S. while the I-485 is pending without abandoning the adjustment application.
The in-person meeting requirement under INA § 214(d) must generally be satisfied within 2 years before filing. A waiver is available only in two situations: (1) if the in-person meeting would violate strict and long-established customs of the foreign fiancé(e)'s culture or social practice, or (2) if the requirement would result in extreme hardship to the U.S. citizen petitioner. Both exceptions are narrow and difficult to establish. In virtually all cases, Attorney Shair strongly advises clients to meet in person before filing.
The K-1 fiancé visa is for couples who are not yet married — the foreign national enters the U.S. and must marry within 90 days. The CR-1/IR-1 immigrant visa is for couples who are already legally married — the foreign spouse enters as a lawful permanent resident. The key differences: K-1 requires marriage to occur in the U.S. within 90 days; CR-1/IR-1 requires marriage before the petition. Processing times differ — K-1 can be faster in some cases, while CR-1/IR-1 avoids the need for subsequent I-485 adjustment. Attorney Shair advises which route is faster and more appropriate for each couple's specific circumstances.
K-1 visa cases are denied most often due to weak relationship evidence, poor interview preparation, or failure to establish that the meeting requirement was satisfied. Attorney Shair prepares comprehensive relationship evidence packages and conducts thorough interview preparation with both the U.S. citizen and the foreign fiancé(e) — ensuring the couple is fully ready for the consular interview.
Attorney Shair handles every K-1 fiancé visa case with the personal attention your relationship deserves. Free consultation — no obligation.