Administrative process · USCIS + consular

Fiancé(e) Visa (K-1) in Orlando

The K-1 fiancé(e) visa is a nonimmigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States for the specific purpose of getting married within 90 days and then applying for adjustment of status to lawful permanent residence. It is an administrative process that combines a stage before USCIS (United States Citizenship and Immigration Services) and a consular stage in the fiancé(e)'s home country. It is governed by federal immigration law (the INA) and the CFR regulations, which means that every requirement, deadline, and document has real legal effect and must be met precisely.

Who can apply for the K-1 visa

The case is started by the petitioner in the United States on behalf of the fiancé(e) who is abroad. As a rule, this requires:

The petitioner must be a U.S. citizen (lawful permanent residents cannot petition for the K-1)
Both people must be legally free to marry, with any prior marriages ended by divorce, annulment, or death
Proof of a genuine, good-faith relationship between the couple
As a rule, proof that they met in person within the two years before the petition, unless an exception provided by law applies
A genuine intent to marry in the United States within 90 days of the fiancé(e)'s entry

Each of these requirements has its own nuances. Matters such as prior marriages, the couple's children, exceptions to the in-person meeting requirement, and either party's background can change the analysis. That is why an individual assessment of the case is the first step, before anything is filed.

How the process works, step by step

In general terms, the K-1 visa tends to follow these linked stages:

Preparing and filing the I-129F petition with USCIS, along with proof of the relationship and the couple's eligibility
Review of the petition by USCIS and, if approved, forwarding to the Department of State (National Visa Center)
Consular stage: the fiancé(e) gathers civil documents, completes the medical exam, and attends an interview at the U.S. consulate in the home country
Issuance of the K-1 visa and entry into the United States within the validity period
Marriage to the petitioner within 90 days of entry
Adjustment of status application (Form I-485) to obtain lawful permanent residence (green card)

Documents commonly required

Proof of the petitioner's U.S. citizenship (passport, birth certificate, or certificate of naturalization)
The fiancé(e)'s identity documents and passport
Proof of a good-faith relationship (photos, messages, travel records and records of the in-person meeting, statements)
Proof that any prior marriages were dissolved, when applicable
Immigration medical exam performed by an authorized provider during the consular stage
Financial support documents, as required in the consular stage

The K-1 is a path in stages: if the petition is filed with weak proof of the relationship, with inconsistent information, or outside the requirements, the result can be a request for additional evidence, months of delay, a denial, or even a fraud allegation. In addition, failing to marry within the 90 days has legal consequences for the fiancé(e)'s status. In immigration, a mistake has real effect, and each stage depends on the one before it.

What to expect during the process

It is important to understand that the K-1 is not a single application, but a sequence: USCIS, the consulate, and, after the marriage, adjustment of status. Each of these stages has different rules and different decision-makers, and moving from one to the next requires organization. You may receive official communications at different times, and there may be requests for clarification or additional documents along the way.

We do not promise timelines, because they depend on the workload of USCIS and the consulate, as well as the particulars of the case. What we offer is clarity about what stage the process is in, what comes next, and what each stage requires, so that you are not caught off guard between one stage and another. Seeing the full path from the start is what reduces rework and anxiety.

How Without Borders handles your case

Without Borders is a nonprofit organization recognized by the United States Department of Justice (DOJ). Your case is handled by a DOJ Accredited Representative, authorized to act in administrative processes before USCIS and DHS, and not by attorneys of the organization. We do the couple's initial assessment, put together the I-129F petition with the proper evidence, guide the consular stage, and lay the groundwork for adjustment of status after the marriage. All services are provided in Portuguese and English, in Orlando, with support at every stage of the process.

Frequently Asked Questions

Do I have to be a U.S. citizen to petition for the K-1?

Yes. Only U.S. citizens can file the I-129F petition for the fiancé(e) visa. Lawful permanent residents are not eligible to petition for the K-1, but other paths may exist, such as a family petition after the marriage. We assess your situation at the consultation.

After the marriage, what happens with the green card?

After the marriage takes place within the 90 days, the spouse applies for adjustment of status through Form I-485 to obtain lawful permanent residence. In many cases it is possible to request, in the same package, the work permit (I-765) and the travel authorization (I-131).

What if we do not marry within 90 days?

The 90-day deadline is a requirement of the K-1 visa and cannot be extended. Not marrying within that period has consequences for the fiancé(e)'s status, who as a rule must leave the country. That is why planning the dates is an important part of the process.

Do we need to have met in person?

As a rule, the law requires that the couple met in person within the two years before the petition. There are exceptions provided for specific situations, which must be demonstrated. We analyze whether your case falls under the rule or under an exception.

Can my fiancé(e) work as soon as they arrive?

A person with a K-1 visa can request a work permit, but in practice many couples choose to request the EAD together with adjustment of status after the marriage. We assess the best strategy for your case at the consultation.

Can I include my fiancé(e)'s children?

Unmarried minor children of the fiancé(e) can, in general, accompany them under the derivative K-2 category. There are age and documentation requirements. We check each dependent's eligibility at the start of the process.

Related services

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Service in Portuguese and English, in Orlando, with a DOJ Accredited Representative.

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Informational content about an immigration legal service. Without Borders Inc is a nonprofit organization recognized by the U.S. Department of Justice (DOJ). Representation is provided by a DOJ Accredited Representative, within the scope of their accreditation. This text does not replace an individual review of your case in a consultation.