What the K-1 requires
Only a United States citizen can petition for a fiancé(e). Both people must be legally free to marry — every earlier marriage finally ended, with the documents to prove it — and the couple must genuinely intend to marry within ninety days of arrival.
You must also have met in person within the two years before the petition is filed. That requirement can be waived where meeting would violate long-standing custom or cause extreme hardship, but waivers are granted sparingly and need to be argued properly.
The three stages
The ninety-day clock is not extendable and it does not restart. It is the single most important date in a K-1 case.
- Petition — the citizen files Form I-129F with evidence of the relationship.
- Consular processing — the case moves to the National Visa Center and then to the embassy, where your fiancé(e) attends a medical examination and an interview.
- Marry, then adjust — after entry you marry within ninety days and file for Adjustment of Status.
K-1 or marry abroad?
A K-1 is not automatically the faster route. If you marry abroad and file an immigrant petition, your spouse arrives as a permanent resident rather than arriving with a status that still has to be adjusted, which means one fewer filing and no gap in work authorisation.
Which is quicker depends on the embassy, on where you both live and work, and on whether you can be apart for the difference. We will tell you which we would choose in your circumstances and why.
Income, and the affidavit of support
The petitioner must show enough income to support the intending immigrant, using the federal poverty guidelines for the household size. Where income falls short, assets or a joint sponsor can make up the difference. This is a routine obstacle, not a fatal one, but it is worth knowing about before you file rather than at the interview.
Questions we are asked about this
Can my fiancé(e)'s children come too?
Yes — unmarried children under 21 can generally accompany or follow on a derivative K-2 visa if they are named in the petition. Name them even if you are unsure whether they will travel; adding them later is harder than leaving them out of the trip.
What happens if we do not marry within 90 days?
The status expires and there is no extension. Remaining in the country after that point creates unlawful presence and closes off the straightforward path to a green card. If something has gone wrong, speak to us quickly rather than waiting.
Can my fiancé(e) work after arriving?
They may apply for employment authorisation, but the permit is tied to the short K-1 period. In practice most couples marry, file for Adjustment of Status, and rely on the work permit filed with that application.