At Donald Gross Law Group, we assist U.S. citizens in bringing their foreign fiancé(e)s to the United States through K-1 visas for marriage and subsequent adjustment of status to permanent residency. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for couples navigating the complex K-1 petition process, consular processing, and transition to marriage-based green cards while ensuring compliance with all immigration requirements.
Why Choose Donald Gross Law Group
- Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
- Over 30 years of combined experience: representing K-1 couples before USCIS and U.S. consulates worldwide with extensive knowledge of fiancé(e) visa requirements and family immigration
- Government expertise: from prior service at the State Department and National Security Council, providing unique insight into consular processing and relationship verification procedures
- Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
- K-1 specialization: comprehensive understanding of fiancé(e) visa documentation, relationship evidence, and adjustment of status procedures across diverse cultural and international contexts
- Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout the K-1 process
- Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting international couples with local consular knowledge and cultural understanding
Understanding K-1 Fiancé(e) Visa Requirements
The K-1 fiancé(e) visa allows U.S. citizens to bring their foreign fiancé(e)s to the United States for the purpose of marriage within 90 days of arrival. This temporary visa category serves as a bridge to permanent residency, enabling couples who have developed serious relationships to unite in the United States and begin the immigration process through marriage.
K-1 status requires demonstrating a genuine relationship, legal capacity to marry, and intent to proceed with marriage promptly after arrival, with subsequent adjustment of status providing the pathway to permanent residency and long-term family unity.
Essential K-1 Eligibility Criteria
Success in K-1 applications requires meeting specific requirements designed to ensure legitimate relationships while preventing immigration fraud and protecting the integrity of the family immigration system.
- U.S. Citizen Petitioner: Only U.S. citizens can petition for K-1 visas; lawful permanent residents cannot file fiancé(e) petitions and must wait until after marriage to petition for their spouses through different family-based categories.
- Legal Capacity to Marry: Both the U.S. citizen and foreign fiancé(e) must be legally free to marry, meaning single, divorced, or widowed, with proper documentation establishing the termination of any previous marriages.
- In-Person Meeting Requirement: The couple must have met in person within the two years preceding the K-1 petition filing, demonstrating the development of a genuine personal relationship rather than correspondence-only arrangements.
- Intent to Marry: Both parties must intend to marry within 90 days of the fiancé(e)’s arrival in the United States, with evidence of wedding planning and genuine commitment to proceeding with marriage.
- Financial Support Requirements: The U.S. citizen petitioner must meet minimum income requirements and file Form I-864 Affidavit of Support, demonstrating ability to financially support the fiancé(e) and prevent public benefit dependency.
- Admissibility Requirements: The foreign fiancé(e) must not be inadmissible to the United States under immigration law, requiring background checks, medical examinations, and demonstration of no disqualifying criminal or immigration history.
Documenting Genuine Relationship Evidence
K-1 petitions require comprehensive evidence demonstrating the authenticity and development of the relationship, addressing common concerns about marriage fraud and ensuring legitimate family formation.
- Relationship Timeline Documentation: Evidence showing the progression of the relationship including correspondence, photographs, travel records, and communication logs demonstrating ongoing contact and relationship development over time.
- In-Person Meeting Evidence: Documentation of physical meetings including passport stamps, airline tickets, hotel receipts, photographs together, and witness statements confirming the couple’s time spent together in person.
- Communication Records: Phone records, email correspondence, social media interactions, video call logs, and other evidence of regular communication demonstrating ongoing relationship maintenance across distances.
- Financial Support Evidence: Records of financial support, gifts, money transfers, or shared expenses that demonstrate the economic aspects of the relationship and mutual support between partners.
- Family and Social Integration: Evidence of relationship recognition by family and friends including photographs at social events, family meetings, cultural celebrations, and integration into each other’s social circles.
K-1 Petition Process and Timeline
The K-1 process involves multiple stages with USCIS petition approval followed by consular processing, requiring careful coordination and documentation throughout the multi-month timeline.
- I-129F Petition Filing: The U.S. citizen files Form I-129F petition with USCIS, including comprehensive relationship evidence, biographical information, and supporting documentation establishing eligibility for K-1 classification.
- USCIS Processing and Approval: USCIS reviews the petition for completeness, relationship authenticity, and eligibility requirements, potentially requesting additional evidence before approval and forwarding to the National Visa Center.
- National Visa Center Processing: Following USCIS approval, the National Visa Center processes the case and forwards it to the appropriate U.S. consulate in the foreign fiancé(e)’s country for visa processing.
- Consular Processing and Interview: The foreign fiancé(e) completes visa application forms, undergoes medical examination, attends consular interview, and receives K-1 visa approval for travel to the United States.
Consular Interview Preparation and Success
The consular interview represents a critical stage in K-1 processing, requiring thorough preparation to demonstrate relationship authenticity and overcome potential concerns about fraud or inadmissibility.
- Interview Documentation: Comprehensive preparation of supporting documents including relationship evidence, financial records, and personal documentation that corroborate the petition and demonstrate eligibility.
- Relationship Knowledge Preparation: Preparation for detailed questions about the relationship, the U.S. citizen partner, wedding plans, and future intentions that demonstrate genuine knowledge and commitment.
- Cultural and Language Considerations: Understanding of cultural differences, language barriers, and consular procedures that may affect interview conduct and require appropriate preparation and support.
- Addressing Potential Issues: Proactive preparation for addressing age differences, cultural disparities, previous marriage history, or other factors that may require additional explanation or evidence.
K-2 Dependent Children Considerations
K-1 fiancé(e)s may include unmarried children under 21 in their visa applications through K-2 dependent status, providing family unity while ensuring proper documentation and eligibility.
- Child Eligibility Requirements: Children must be unmarried and under 21 at the time of K-1 petition filing, with proper documentation establishing parent-child relationships and age requirements.
- Custody and Consent Issues: Children of divorced or separated parents may require custody documentation or consent from non-accompanying parents, depending on applicable laws and family circumstances.
- Education and Integration Planning: Preparation for children’s education, healthcare, and social integration in the United States, including school enrollment and community support considerations.
Marriage and Adjustment of Status Process
Following arrival on K-1 status, couples must marry within 90 days and subsequently file for adjustment of status to permanent residency, completing the transition to family-based immigration.
- 90-Day Marriage Requirement: The couple must marry within 90 days of the K-1 holder’s arrival, with proper marriage licensing and ceremony completion establishing the qualifying relationship for adjustment of status.
- Form I-485 Adjustment Filing: Following marriage, the foreign spouse files Form I-485 adjustment of status application along with Form I-864 Affidavit of Support and supporting documentation for permanent residency.
- Adjustment Interview Process: USCIS conducts adjustment of status interviews to verify the marriage’s authenticity and ensure continued eligibility for permanent residency based on the marital relationship.
- Conditional vs. Permanent Residency: Couples married less than two years at adjustment approval receive conditional permanent residency requiring Form I-751 removal of conditions filing within the 90-day period before the second anniversary.
How We Guide Your K-1 Journey
- We begin with comprehensive relationship assessment evaluating your eligibility, relationship evidence, and potential challenges to develop strategic approaches for K-1 petition success
- We prepare thorough I-129F petitions with compelling relationship documentation, proper legal arguments, and supporting evidence designed to demonstrate authenticity and eligibility
- We coordinate consular processing preparation including interview coaching, document organization, and cultural considerations ensuring readiness for successful visa approval
- We manage adjustment of status transition following marriage, coordinating timing, documentation, and legal requirements for permanent residency achievement
Frequently Asked Questions About K-1 Fiancé(e) Visas
What is a K-1 visa and who qualifies for it?
The K-1 is a temporary visa allowing foreign fiancé(e)s of U.S. citizens to enter the U.S. for marriage within 90 days. To qualify, the U.S. citizen must petition, both must be legally free to marry, must have met in person within 2 years, and intend to marry within 90 days of arrival.
How long does the K-1 visa process take?
The complete process typically takes 8-15 months from petition filing to visa approval, including USCIS processing (6-9 months), National Visa Center processing (4-6 weeks), and consular processing (2-4 months), though times vary by location and case complexity.
What happens if we don’t marry within 90 days?
If you don’t marry within 90 days, the K-1 holder must leave the United States and cannot extend K-1 status or change to another status. The K-1 visa becomes invalid and the person would be out of status if they remain.
Can the foreign fiancé(e) work while on K-1 status?
K-1 holders can apply for employment authorization (work permit) after arrival in the U.S., but cannot work until they receive the employment authorization document. Most couples proceed quickly to marriage and adjustment of status instead.
What if we met online and haven’t met in person yet?
The in-person meeting requirement is mandatory within 2 years of filing the K-1 petition. You must physically meet before filing, except in extremely rare cases involving extreme hardship or cultural/religious customs that can be documented with evidence.
Can children come with the K-1 fiancé(e)?
Yes, unmarried children under 21 can apply for K-2 visas to accompany the K-1 fiancé(e). They must be included in the original K-1 petition and cannot be added later. Children over 21 or married children are not eligible for K-2 status.
How much does the K-1 process cost?
Total costs typically range from $2,000-4,000 including USCIS filing fees ($535 for I-129F), visa application fees ($265), medical examination costs, travel expenses, and legal fees. Adjustment of status adds additional costs ($1,760 for I-485 and related fees).
What evidence do we need to prove our relationship?
Strong evidence includes photographs together over time, communication records (emails, texts, calls), travel documentation showing visits, financial support evidence, family/friend statements, and evidence of wedding planning and shared future plans.
Can we get married by proxy or ceremony abroad before K-1 approval?
If you marry before K-1 visa issuance, the K-1 petition becomes invalid and you must pursue spouse visa processing instead. Proxy marriages don’t create valid marriages for immigration purposes. You must remain unmarried until after K-1 entry.
What if the K-1 petition or visa is denied?
Denials can occur at USCIS or consular stages for various reasons including insufficient relationship evidence, inadmissibility issues, or fraud concerns. You may be able to appeal, refile with additional evidence, or address specific denial reasons depending on the circumstances.
Can the fiancé(e) visit the U.S. while the K-1 is pending?
Yes, the foreign fiancé(e) can visit on tourist visas if they qualify and can demonstrate strong ties to their home country. However, they must be careful not to indicate immigrant intent during visits and should return abroad before K-1 processing completion.
Do we need to hire an immigration lawyer for K-1?
While not required, legal representation is valuable for complex cases, cases with potential inadmissibility issues, previous petition denials, or couples wanting to ensure proper preparation and maximize success chances while avoiding common pitfalls.
Testimonials
“Donald Gross Law Group guided us through every step of the K-1 process from petition to green card. Their expertise in relationship documentation and consular processing was invaluable for our success.” — Sarah and Ahmed Hassan
“The team’s understanding of cultural considerations and consular procedures helped us navigate the K-1 interview process confidently. We’re now happily married with permanent residency.” — Jennifer and Carlos Martinez
Schedule a Free Consultation
Whether you are in Washington, D.C., New York, Los Angeles, Miami, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assist with your K-1 fiancé(e) visa needs. Contact us today to schedule a free 30-minute consultation with an experienced K-1 lawyer to discuss your relationship circumstances and explore your pathway to bringing your fiancé(e) to the United States for marriage and permanent residency.