Fiance Visas

At Thompson Law Advocates, reuniting families and couples through legal immigration pathways is a priority. If you are a U.S. citizen planning to marry someone from another country, the K-1 fiancé visa allows your partner to enter the United States legally and marry you within 90 days of arrival. This process, however, is more than just filing a few forms—it involves nuanced immigration law, deadlines, interviews, and sometimes complex background considerations.

Under the leadership of Peter Thompson, a seasoned immigration and criminal defense attorney with over 25 years of trial and appellate experience, our firm helps clients navigate this intricate process with clarity and confidence.

What Is the K-1 Fiancé Visa?

The K-1 visa is a nonimmigrant visa issued by the U.S. Department of State that allows the foreign-citizen fiancé(e) of a U.S. citizen to travel to the United States and marry their petitioner within 90 days of arrival. After marriage, the foreign spouse may apply for adjustment of status to become a lawful permanent resident (green card holder).

K-1 visas are governed by several provisions of U.S. immigration law, most notably:

• Immigration and Nationality Act (INA) §101(a)(15)(K): Defines the K-1 visa category.
• INA §214(d): Outlines the specific eligibility requirements for the fiancé visa.
• INA §245(d): Governs adjustment of status after marriage to a U.S. citizen.

This process involves both U.S. Citizenship and Immigration Services (USCIS) and the Department of State, with consular processing taking place in the foreign fiancé’s home country.

Eligibility Requirements

To successfully obtain a K-1 visa, the following conditions must be satisfied:

1. U.S. Citizenship of the Petitioner

Only U.S. citizens (not permanent residents) can petition for a K-1 visa for a foreign fiancé.

2. Intention to Marry Within 90 Days

Both parties must intend to marry within 90 days of the fiancé entering the U.S. Failure to marry within this period requires the foreign national to leave the country or risk accruing unlawful presence.

3. In-Person Meeting Within Two Years

The couple must have met in person at least once in the two years before filing the petition. There are limited waivers for this requirement if it would violate strict cultural or religious customs, or cause extreme hardship.

4. Legal Ability to Marry

Both individuals must be legally free to marry—meaning all previous marriages must be legally terminated by divorce, annulment, or death.

5. Financial Support

The U.S. citizen petitioner must demonstrate sufficient income to support their fiancé at or above 100% of the Federal Poverty Guidelines. This requirement is confirmed using Form I-134, Affidavit of Support.

The Step-by-Step Process of Obtaining a K-1 Visa

Step 1: Filing Form I-129F

The process begins when the U.S. citizen submits Form I-129F, Petition for Alien Fiancé, to USCIS. Supporting documents should include:

• Proof of U.S. citizenship
• Evidence of a bona fide relationship (e.g., photos, travel records, correspondence)
• Proof of in-person meeting (unless applying for a waiver)
• Signed intent-to-marry statements from both individuals

Step 2: USCIS Review

Once filed, USCIS will issue a receipt notice (Form I-797C), and the petition will typically be processed within 6–9 months, although times can vary.

Step 3: Transfer to National Visa Center (NVC)

Upon approval, USCIS forwards the petition to the National Visa Center (NVC), which assigns a case number and forwards the file to the U.S. embassy or consulate in the fiancé’s home country.

Step 4: Consular Processing and Interview

The foreign fiancé applies for the K-1 visa and submits required forms (such as DS-160), undergoes a medical exam by a designated physician, and attends a visa interview. This interview assesses the relationship’s authenticity, eligibility, and the absence of inadmissibility factors.

Step 5: K-1 Visa Issuance

If approved, the foreign national is issued a single-entry K-1 visa valid for six months. They must enter the U.S. and marry the petitioner within 90 days.

Step 6: Adjustment of Status

After marriage, the foreign spouse files Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents, including an updated medical exam and Form I-864 (Affidavit of Support).

Removal of Conditions

If the couple has been married for less than two years at the time of green card approval, the immigrant spouse will receive a conditional green card valid for two years under INA §216. To remove the conditions, the couple must file Form I-751 within 90 days before the conditional green card expires.

Legal Complexities and Challenges

The K-1 visa process is not always straightforward. Here are some common legal hurdles:

Criminal History

Certain criminal convictions can trigger inadmissibility for both the U.S. petitioner and the foreign fiancé. For example, under the Adam Walsh Child Protection and Safety Act, a petitioner with a conviction for certain offenses involving minors may be barred from sponsoring a fiancé unless they can demonstrate they pose no risk to the beneficiary.

Fraud and Misrepresentation

Any indication of marriage fraud—defined under INA §204(c)—can result in a permanent bar to immigration benefits.

Medical Inadmissibility

K-1 applicants must undergo a medical exam and may be deemed inadmissible due to communicable diseases, mental health issues, or lack of required vaccinations.

Why Work with Thompson Law Advocates, P.C.?

Navigating the K-1 visa process can be overwhelming, especially when you’re also planning a wedding and dealing with long-distance stress. Thompson Law Advocates supports clients with comprehensive legal services, including:

• Preparation and Filing of Form I-129F: Ensuring that all evidence and documentation is properly assembled and submitted to avoid delays.
  
• Waiver Requests: Assisting with the legal arguments and documentation required to seek a waiver of the in-person meeting requirement.
  
• Interview Preparation: Coaching both petitioner and beneficiary for the consular interview, addressing difficult questions or red flags.
  
• Adjustment of Status and Green Card Support: Guiding couples through post-marriage immigration steps, including adjustment of status, work authorization, and travel documents.
  
• Addressing Red Flags: Handling complex issues such as age disparities, language differences, or brief courtships, which can lead to heightened scrutiny by immigration officials.
  
• Post-Denial Strategies: If a petition is denied, our firm helps assess the best course of action, whether through re-filing, appealing, or pursuing other legal remedies.

About Peter Thompson

Peter Thompson has practiced immigration and criminal law for over 25 years. As the former director of the Defender’s Immigration Project in Philadelphia, he has trained public defenders statewide and served as a valuable resource for immigrants entangled in the criminal justice system. He is well-versed in the intersection of immigration and criminal law—an area that frequently becomes relevant in K-1 cases involving background checks and inadmissibility issues.

Common Questions About the K-1 Visa

Can I work on a K-1 visa?

Yes, once you arrive in the U.S. on a K-1 visa, you may apply for work authorization (Form I-765). Alternatively, after filing for adjustment of status, you can include a work permit request as part of that application.

Can I bring my children?

Yes. Unmarried children under the age of 21 may accompany the fiancé under K-2 derivative visas.

What if we don’t marry within 90 days?

The foreign national must leave the U.S. Failure to do so can result in removal proceedings and bars on future immigration benefits.

Contact Us Today

Every couple’s story is unique, and the K-1 visa process should be handled with attention to those personal circumstances. Thompson Law Advocates offers compassionate, effective legal counsel for those seeking to reunite through the fiancé visa process. Let us help you bring your loved one home.