Licensed K-1 Visa Attorney for Fiancé Visa Petitions

The K-1 is the only U.S. visa that starts a 90-day clock the moment your fiancé lands. USCIS scrutinizes the details of your relationship before and after filing. Our K-1 visa attorneys build cases that leave no room for doubt.
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Our Approach

The High-Stakes Reality of the K-1 Fiancé Visa

Only U.S. citizens can petition for a K-1 fiancé visa. Lawful permanent residents cannot. Once the foreign fiancé enters the U.S. the clock starts. The couple has 90 days to marry. Not 91. USCIS does not make exceptions. From the I-129F filing through the consular interview, each part of the application is examined for evidence of a genuine relationship and honest intent.

K-1 petitions succeed or fail on the details. At the Law Offices of Mary Kennedy, a trusted immigration law office, our team knows exactly where USCIS looks most closely. Our K-1 visa attorneys build the relationship evidence piece by piece. Gaps are closed before they become problems. Nothing in your filing is left to chance.

Eligibility

K-1 Fiancé Visa: Eligibility Criteria

USCIS is precise about what a K-1 visa petition needs to show. Both the petitioner and the foreign fiancé are assessed. Here is what the application must cover.
You will need
  1. The petitioner must be a U.S. citizen. Lawful permanent residents are not eligible to file a K-1 petition.
  2. Both individuals must be legally free to marry. Prior marriages must have been dissolved through divorce, annulment, or evidenced by a death certificate, where applicable.
  3. Proof of a genuine, ongoing relationship. Supporting evidence typically includes travel records, photographs, correspondence, and statements from people who know you both.
  4. A sincere intention to marry within 90 days of the fiancé’s arrival in the U.S. USCIS reviews the relationship evidence to confirm that intent.
  5. At least one in-person meeting within the past two years. Exceptions exist for cultural or hardship reasons, but they are rarely straightforward to establish.
  6. The U.S. petitioner must meet USCIS income requirements and submit an Affidavit of Support (Form I-134) with the petition.
Documentation

K-1 Fiancé Visa: Required Documents

Missing or inaccurate documentation is one of the most frequent causes of K-1 petition delays. Our fiancé visa attorneys guide couples through each document requirement, ensuring each submission is complete and accurate before filing.
The US petitioner must submit
  • Proof of U.S. citizenship, such as a birth certificate, naturalization certificate, or a valid U.S. passport
  • Completed Form I-129F (Petition for Alien Fiancé)
  • Evidence of a genuine relationship, including photographs, travel records, and written statements from family or friends
  • Proof of an in-person meeting within the past two years
  • Divorce decree, annulment certificate, or death certificate, if either party was previously married
  • Affidavit of Support (Form I-134) demonstrating financial eligibility
  • Passport-sized photographs of both the petitioner and fiancé
The foreign fiancé must provide

Our K-1 visa attorneys ensure the foreign fiancé’s documentation meets both USCIS and consular interview standards before submission.

  • Valid passport
  • Birth certificate
  • Police clearance certificates from each country where the applicant has resided for six months or more
  • Medical examination report from a USCIS-approved physician
Benefits

K-1 Fiancé Visa: The Benefits

More than a travel document, the K-1 fiancé visa is the legal starting point for your marriage and your life in the U.S. Our fiancé visa lawyers outline what the process makes possible for you and your partner.

Authorized entry into the U.S. for your foreign fiancé

90-day period to marry and begin the Adjustment of Status process

Pathway to U.S. permanent residency after marriage

Work authorization via EAD after marriage

K-2 visas available for the fiancé's dependent children under 21

Ability to adjust status to permanent resident without leaving the U.S.

FAQ

K-1 Fiancé Visa: Common Questions Answered

Can foreign-born children be included in a K-1 fiancé visa petition?

Yes. Children of the foreign fiancé who are unmarried and under 21 can be included through a K-2 visa. They can travel with the K-1 applicant or follow shortly after, but they cannot arrive first. When the parent marries and adjusts their status, the children can apply for a green card through the same process. Our fiancé visa lawyers handle K-2 applications as part of the main K-1 petition.

Is it mandatory to marry within 90 days of my fiancé's arrival?

Yes. The 90-day window is a legal requirement, not a suggestion. If the couple does not marry within the allotted time, the K-1 fiancé visa expires, and the foreign national must leave. There is no extension. When circumstances are unusual, other routes may exist, but none offer

Do K-1 applicants need to submit evidence of wedding plans?

Formal wedding plans are not required. USCIS is less interested in event details and more focused on whether the relationship is real and the intention to marry is genuine. Photographs, travel history, and personal statements carry more weight than a venue booking. A wedding invitation can support the application, but it will not compensate for weak relationship evidence. Our immigration lawyer for K-1 visa matters knows exactly what USCIS looks for most closely.

How long does the K-1 visa process take?

Timelines depend on several factors. USCIS workload, where the fiancé lives, and how complete the petition is all play a role. For most couples, the process from filing Form I-129F to the fiancé receiving the visa runs between 9 and 18 months. Missing documents or a request for additional evidence will push that out further. Our K-1 visa attorney team works to make sure every petition is ready at each stage and does not get held up.

What is the difference between a K-1 fiancé visa and a CR-1 spousal visa?

Both visas bring a foreign national to the U.S. but at different stages of the relationship. The K-1 is for couples who are engaged but not yet married. The fiancé enters on a fiance visa, the couple marries within 90 days, and an Adjustment of Status is filed from inside the country. The CR-1 applies when the couple is already married. It comes with conditional permanent residency on arrival, no adjustment filing required, though the green card conditions must be lifted within two years.

Let's move your case forward

Connect with our K-1 visa attorneys to build a focused petition strategy tailored to relationship, timeline, and 90-day window.
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