K-1 fiancé(e) visas
K-1 Fiancé Visa Lawyer — a Former Immigration Judge for Fiancé(e)s of U.S. Citizens
The K-1 fiancé(e) visa lets a U.S. citizen bring the person they plan to marry to the United States, marry within 90 days and apply for a green card. It is one of the least forgiving routes in immigration law: the status cannot be extended or changed, the green card can come only through the person who filed the petition, and a missed step can lead to a denial or a case in immigration court. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, handles K-1 and K-2 cases at USCIS, at U.S. consulates and in immigration court, in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
K-1 cases are decided by USCIS officers and consular officers, not judges. The judge comes in when things go wrong: a K-1 entrant who did not marry the petitioner, or whose green card application was denied, can be placed in removal proceedings, where an immigration judge decides what relief is left and a Department of Homeland Security (DHS) attorney may oppose it. Because a K-1 entrant can generally adjust status only through the U.S. citizen who filed the petition, the options in court are narrower than in most family cases.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that reviews the government's file and takes a position on relief.
That experience shapes how we prepare a fiancé(e) case: we look at it the way the officer, the consul and the judge will, find the problems in the record before they do, and decide with the whole history in view whether the K-1 is the right route at all. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We handle the K-1 case from the first petition to permanent residence, and the problems along the way. Our guide to marriage and family green cards explains the wider law.
- The fiancé(e) petition. Form I-129F at USCIS, proof of the in-person meeting and the IMBRA disclosures.
- Children of the fiancé(e). K-2 visas for unmarried children under 21.
- The visa stage. The National Visa Center, the medical exam and the consular interview. See consular processing.
- The green card after the wedding. Form I-485 with the affidavit of support. See adjustment of status.
- Removing conditions. The I-751 petition, jointly or with a waiver. See conditional residence.
- Choosing the route. A K-1 or a spousal immigrant visa. See our marriage green card lawyer page.
- Problems and denials. Prior petitions, criminal records, past overstays, waivers and requests for evidence. See our green card lawyer page.
- K-1 cases in immigration court. Removal proceedings after a wedding that did not happen or an adjustment that was denied.
Who qualifies for a K-1 visa
The K-1 is a nonimmigrant visa for the fiancé(e) of a U.S. citizen who seeks to enter the United States only to marry that citizen within 90 days of arrival (INA § 101(a)(15)(K) (opens in new tab)). The requirements are in INA § 214(d) (opens in new tab) and 8 C.F.R. § 214.2(k) (opens in new tab).
The petitioner must be a U.S. citizen
Only a U.S. citizen can file for a fiancé(e). A permanent resident cannot; a green card holder must marry first and then file Form I-130 for a spouse. A citizen convicted of certain offenses against a minor generally cannot petition at all unless USCIS decides, in its sole discretion, that the citizen poses no risk to the person being petitioned for.
Both must be legally able to marry, and intend to
Both people must be legally able to marry when the petition is filed, so any earlier marriage must already have ended by divorce, annulment or death. Both must also genuinely intend to marry each other within 90 days after the fiancé(e) arrives.
Meeting in person within two years
The couple must have met in person at least once in the two years before filing; video calls do not count. USCIS can waive the meeting only if it would cause extreme hardship to the petitioner or would violate strict and long-established customs of the fiancé(e)'s culture or social practice (8 C.F.R. § 214.2(k)(2)).
Form I-129F and the IMBRA rules
The U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS), with proof of citizenship, proof that both can marry, evidence of the meeting and statements of intent to marry. Children who will come on K-2 visas are listed on the same petition. See the USCIS page on visas for fiancé(e)s of U.S. citizens (opens in new tab).
The International Marriage Broker Regulation Act (IMBRA) protects the person being petitioned for (8 U.S.C. § 1375a (opens in new tab)). The petitioner must disclose certain criminal history, including convictions for domestic violence, sexual assault, child abuse and other violent crimes, and repeated convictions related to alcohol or controlled substances. That information, with a pamphlet on the rights of immigrant victims of domestic violence, is given to the fiancé(e) before the visa is issued. Leaving a conviction off the form can sink the petition.
The law also limits serial filings. A petitioner who has already filed K-1 petitions for two or more other people, or whose earlier K-1 petition was approved and filed less than two years before the new one, needs a waiver, which is much harder to obtain with a record of violent crime.
The visa stage
After USCIS approves the I-129F, it goes to the State Department's National Visa Center and then to the U.S. embassy or consulate. The fiancé(e) completes Form DS-160, has a medical exam with a physician approved by the embassy, gathers civil documents and police certificates, and attends a visa interview. The petitioner usually provides Form I-134, a declaration of financial support. The consular officer will ask about the relationship. See consular processing.
K-2 visas for children
Unmarried children under 21 of the fiancé(e) can receive K-2 visas to come with the K-1 parent or follow later, and can later adjust status based on the parent's marriage to the petitioner.
Inadmissibility, overstays and criminal records
Although the K-1 is a nonimmigrant visa, the fiancé(e) is screened much like an immigrant. Criminal convictions, past fraud or misrepresentation, a prior removal order and certain health grounds can make the person inadmissible, and someone who once lived in the United States without status may face the three- or ten-year unlawful-presence bar. Some grounds can be waived on Form I-601; others cannot. Review them before filing, not at the interview.
Entry and the 90-day rule
After admission on a K-1 visa, the couple has 90 days to marry. K-1 status cannot be extended, and a K-1 or K-2 entrant cannot change to another nonimmigrant status, such as a student or work visa (INA § 248 (opens in new tab)). Under INA § 214(d), a fiancé(e) who does not marry the petitioner within 90 days, and any K-2 children, are required to leave and can be removed if they do not.
A K-1 entrant can adjust status only on the basis of marriage to the U.S. citizen who filed the petition (INA § 245(d) (opens in new tab)). Marrying someone else, even another U.S. citizen, does not open the door to a green card inside the United States.
In Matter of Sesay, 25 I&N Dec. 431 (BIA 2011) (opens in new tab), the Board of Immigration Appeals held that a K-1 entrant meets the visa requirements for adjustment of status on the date of admission, provided that he or she enters into a bona fide marriage with the petitioner within 90 days. What Sesay protects is a timely marriage that later ends: a K-1 entrant who married the petitioner within the 90 days may still be granted adjustment even if the marriage no longer exists when the application is decided, though the decision remains discretionary. Sesay does not help someone who married after the 90 days, and a K-1 entrant can adjust status only on the basis of a marriage to the petitioner. If the wedding did not take place within the 90 days, the case should be reviewed before anything is filed.
From the wedding to the green card
- The wedding. A legally valid marriage to the petitioner within the 90 days after admission.
- The I-485 application. The K-1 spouse files Form I-485 with USCIS. No separate I-130 is needed.
- The affidavit of support. The U.S. citizen spouse files Form I-864, a binding obligation stricter than the I-134.
- Medical and biometrics. The medical record, fingerprints and photos for background checks.
- Work and travel. A work permit tied to the 90-day admission, or a work permit and advance parole based on the pending I-485. Leaving before advance parole is approved can end the application.
- The interview. USCIS may interview the couple about the marriage.
- The decision. Approval brings permanent residence, usually conditional because the marriage is new.
Conditional residence and the I-751
Because a K-1 couple has only just married, the green card is usually conditional and valid for two years (INA § 216 (opens in new tab)). The couple files Form I-751 together in the 90 days before the card expires, with evidence of a genuine marriage, such as a shared home and joint finances.
If the marriage has ended, or the spouse will not sign, the immigrant spouse may file alone with a waiver based on a good-faith marriage that ended, battery or extreme cruelty, or extreme hardship. Missing the deadline ends conditional residence and can lead to removal proceedings. See conditional residence and the I-751.
K-1 visa or spousal immigrant visa
A couple can instead marry outside the United States and have the U.S. citizen file Form I-130 for a spouse, who then enters on an immigrant visa: CR-1 if the marriage is less than two years old, IR-1 if older. The differences:
- Where the wedding happens. The K-1 is for marrying in the United States; the spousal visa requires marrying first.
- Status on arrival. A spousal immigrant visa makes the person a permanent resident when admitted, with no I-485 and no 90-day deadline.
- Work and travel. A spousal-visa immigrant can work and travel from arrival; a K-1 entrant generally waits for a work permit and advance parole.
- Flexibility. A K-1 entrant who does not marry the petitioner has very few options inside the United States.
Couples already in the United States, with the fiancé(e) in lawful status, usually do not need a K-1 and may marry and apply for adjustment of status directly. Our marriage and family green card guide explains those routes.
When a K-1 case goes wrong
A K-1 entrant who did not marry the petitioner, or whose adjustment was denied, can be issued a Notice to Appear and placed in removal proceedings. The immigration judge can consider a K-1 spouse's adjustment application again, but under INA § 245(d) it is generally available only through that petitioner. Other relief, such as asylum or cancellation of removal, has its own requirements. Get advice before any departure, filing or hearing. Our removal defense guide explains the court process.
A K-1 fiancé(e) or spouse abused by the U.S. citizen petitioner is not trapped. After the marriage, an abused spouse may be able to self-petition under the Violence Against Women Act (VAWA) without the abuser's cooperation, and victims of certain crimes may qualify for a U visa. See our U visa and VAWA lawyer page and the VAWA guide.
Mistakes that can hurt a K-1 case
- Filing while still married. An earlier marriage must have legally ended before filing.
- No proof of the in-person meeting. Without it, or a well-supported waiver, the petition fails.
- Leaving out a conviction or a prior petition. Omissions damage credibility.
- Treating the 90 days as flexible. K-1 status cannot be extended or changed.
- Marrying someone other than the petitioner. It generally closes the door to a green card inside the United States.
- Traveling before advance parole. Leaving can end the pending application.
- Missing the I-751 window. Conditional residence ends at the two-year mark.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent you before USCIS or in immigration court.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle K-1 cases before the USCIS offices that serve Los Angeles and Southern California, with U.S. consulates abroad, and in the immigration courts of the region:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent clients across the country, before USCIS, U.S. consulates and the immigration courts. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
Who can file a K-1 fiancé visa petition?
Only a U.S. citizen, on Form I-129F with USCIS. Both people must be legally able to marry, must intend to marry within 90 days of the fiancé(e)'s arrival, and must have met in person in the two years before filing. A permanent resident cannot use the K-1 and must marry first and file Form I-130.
Do we have to meet in person before filing?
Yes, at least once in the two years before the petition is filed. Video calls do not count. USCIS can waive the meeting only for extreme hardship to the U.S. citizen or where it would violate strict and long-established customs of the fiancé(e)'s culture.
Can my children come with me on a K-1 visa?
Unmarried children under 21 can receive K-2 visas to come with you or follow you. They are listed on the same I-129F, and after your marriage to the petitioner they can apply for green cards based on that marriage.
What happens if we do not marry within 90 days?
K-1 status cannot be extended or changed, and a fiancé(e) who does not marry the petitioner must leave the United States and can be placed in removal proceedings. The wedding must take place within the 90 days. Matter of Sesay protects a K-1 entrant who married the petitioner on time and whose marriage later ended, not one who married late. If you married after the 90 days, get a review before filing anything.
Can I marry someone other than my petitioner and get a green card?
Generally not inside the United States. Under section 245(d) of the Immigration and Nationality Act, a K-1 entrant can adjust status only through marriage to the U.S. citizen who filed the petition. Other options may exist, depending on your full history.
Is it better to get a K-1 visa or marry abroad and apply for a spousal visa?
It depends on where you want to marry, your timing and your history. A spousal immigrant visa makes you a permanent resident when you enter, with no 90-day deadline. The K-1 lets you marry in the United States but requires adjustment of status after the wedding.
Can I work after entering on a K-1 visa?
You can apply for a work permit tied to your 90-day admission, or for one with the green card application you file after the wedding. You cannot work until a work permit is approved.
Can Carlos Maury influence the officer or judge deciding my case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Do you handle K-1 fiancé visa cases in Los Angeles and Southern California?
Yes. We handle K-1 and K-2 cases before the USCIS offices that serve Los Angeles and Southern California and with U.S. consulates abroad, and K-1 cases in the immigration courts in Los Angeles, Van Nuys, West LA and Santa Ana, at Adelanto for detained cases, and in San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, and meetings there are by appointment only.
Do you take cases outside California?
Yes. Immigration law is federal, so we represent clients before USCIS, U.S. consulates and immigration courts in all 50 states. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.
Talk with a former immigration judge about your K-1 case
Whether you are about to file for your fiancé(e), are waiting for the visa interview, are counting the 90 days, or face a denial or removal proceedings, call to discuss your case. Hablamos español.