Fiance and K-1 Visas: The Path to Marriage and a Green Card.

Eligibility.

The petitioner must be a U.S. citizen. The parties must have met in person within the two years preceding the petition, with limited exceptions, and must be free to marry. Both parties must intend to marry within 90 days of the foreign fiance's admission.

The process.

First, the U.S. citizen files Form I-129F with USCIS. Once approved, the case is forwarded to the National Visa Center and then to the U.S. embassy or consulate where the foreign fiance will interview. After the visa is issued and the fiance enters the United States, the parties marry within 90 days, and the foreign spouse files for adjustment of status.

Common pitfalls.

Insufficient evidence of a bona fide relationship, gaps in the timeline, prior immigration violations of the foreign fiance, prior criminal records of the U.S. citizen petitioner under the IMBRA disclosure requirements, and incomplete consular packages are the most common reasons for delays and denials.

The follow-on adjustment.

After the marriage, adjustment of status to lawful permanent residence requires a separate application with new supporting evidence, an interview at the local USCIS office, and, in many cases, removal of conditions on the green card after two years. The firm represents clients through the full sequence.

K-3 spouse visas.

Where the parties are already married and the foreign spouse is abroad, the K-3 visa or the standard immigrant visa process through consular processing may be appropriate. The firm advises on which path makes sense given the couple's circumstances.