Fiancé(e) Visas

The K-1 fiancé(e) visa lets a U.S. citizen bring a foreign fiancé(e) to the United States to marry. After the wedding, the fiancé(e) applies for a green card here. It is a popular path, but it has strict rules: only citizens can file, the couple must have met in person, and the wedding must happen within 90 days of arrival. Our office helps couples in Atlanta, Norcross and throughout Georgia decide whether a K-1 visa or a spousal visa fits their plans, then prepare each stage.

Who qualifies

To file Form I-129F, Petition for Alien Fiancé(e), the petitioner must show that:

• The petitioner is a U.S. citizen. Permanent residents cannot file for a K-1 visa.
• Both partners intend to marry each other within 90 days after the fiancé(e) enters the United States.
• Both are legally free to marry. Any prior marriage must have ended by divorce, annulment or death before the petition is filed.
• The couple met in person at least once in the two years before filing, unless USCIS waives that requirement. A waiver may be granted if meeting would violate strict, long-established cultural or social customs or would cause extreme hardship to the petitioner.

The fiancé(e)’s unmarried children under 21 may come as K-2 derivatives on the same petition.

Limits on the petitioner

The International Marriage Broker Regulation Act (IMBRA) requires petitioners to disclose certain criminal convictions, including domestic violence, sexual assault, child abuse and certain other offenses. It also limits how many K-1 petitions a person can file. A petitioner who has filed two or more K-1 petitions before, or who had a K-1 petition approved within the past two years, generally needs a waiver. A petitioner with a history of violent crimes may face stricter limits. Under the Adam Walsh Act, a citizen convicted of a specified offense against a minor generally cannot file unless USCIS finds that the petitioner poses no risk to the beneficiary.

The process, step by step

1. USCIS reviews the I-129F. Include proof of citizenship, evidence that you met in person, proof that prior marriages ended, and evidence of a genuine relationship, such as photographs, travel records, messages and statements of intent to marry.
2. The National Visa Center and the consulate. After approval, the case goes to the U.S. embassy or consulate where the fiancé(e) lives. The fiancé(e) files the online visa application, completes a medical exam with a panel physician, gathers police certificates and attends an interview. The petitioner usually submits an affidavit of support on Form I-134.
3. The K-1 visa. If granted, the visa is generally valid for up to six months for a single entry.
4. Entry and marriage. At the port of entry, Customs and Border Protection decides whether to admit the fiancé(e). The couple must marry within 90 days of admission. The marriage can take place anywhere in the United States. In Georgia, the couple obtains a license from a county probate court.
5. Green card. After the wedding, the new spouse files Form I-485 to adjust status, usually with a work permit and travel document request. The Form I-864 affidavit of support is required at this stage.

The 90-day rule and what K-1 status does not allow

• A K-1 entrant can adjust status only through marriage to the petitioner. If the couple does not marry, or marries someone else, the fiancé(e) generally must leave the United States and cannot change to another status here.
• K-1 status cannot be extended beyond the 90 days.
• If the marriage happens after the 90 days, USCIS may still allow adjustment in some cases. Plan the wedding within the period anyway.
• Travel abroad before the green card application is filed, or while it is pending without advance parole, can end the case.

Conditional residence after marriage

Because the marriage is new, the fiancé(e) usually receives a two-year conditional green card. Within the 90 days before it expires, the couple files Form I-751 to remove the conditions. See our removal of conditions page.

K-1 visa or a spousal visa?

Some couples marry abroad first and file Form I-130 for a spousal immigrant visa (CR-1 or IR-1). That route takes a different path to arrival, but the spouse becomes a permanent resident on entry. There is no separate green card application in the United States, and no 90-day deadline. A K-1 can make sense when the couple wants to marry in the United States. The better choice depends on processing times at the consulate, travel plans, children’s ages and wedding plans. We compare both before you file.

Common problems

• Filing before a prior divorce is final
• Little or no evidence of meeting in person within two years
• Inconsistent stories at the consular interview about how the couple met or plans to live
• Petitioner criminal history or prior petitions not disclosed under IMBRA
• Travel or visa restrictions affecting the fiancé(e)’s country of nationality
• Waiting too long after arrival to marry and file for the green card

Since 2025, presidential proclamations have restricted visas for nationals of certain countries, and the State Department has applied increased vetting. Check your partner’s country status early.

Hypothetical: A U.S. citizen in Marietta met his fiancée in Colombia last year and visited her twice. He files Form I-129F with flight records, photos from both visits and their messages. After the K-1 visa is issued, she arrives in Atlanta in March. They obtain a marriage license in Cobb County and marry in April. In May she files Form I-485 with his affidavit of support and requests a work permit. Two years later, they file to remove the conditions on her residence.

Read the USCIS page on visas for fiancé(e)s of U.S. citizens. You can also learn about our adjustment of status services and our immigrant visa services.

This page reflects agency guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a fiance visa lawyer in Atlanta, our office can compare the K-1 and spousal visa routes, prepare the I-129F with strong relationship evidence, address IMBRA and criminal history issues, help your fiancé(e) prepare for the consular interview, and file the green card application after the wedding.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.