Florida Fiancé Visa (K-1) Lawyer

The K-1 fiancé visa lets a U.S. citizen bring a foreign fiancé to the United States so the couple can marry within 90 days of arrival. After the wedding, the foreign spouse can apply for a green card without leaving the country. At the Law Offices of Albert Goodwin, we help couples in Coral Gables and throughout Florida move through each stage, from the first petition to the green card application. Because immigration is federal, we also assist petitioners and fiancés located elsewhere in the United States and abroad.

If you are engaged to someone overseas and want to begin your life together in Florida, you can reach us at 786-522-1411 or [email protected] to talk through your situation.

Who Qualifies for a K-1 Fiancé Visa

The K-1 visa is built for a specific set of facts. To use it, the following generally need to be true:

• The petitioner is a U.S. citizen. Lawful permanent residents (green card holders) cannot file a K-1 petition for a fiancé.
• The beneficiary is a foreign national who is living outside the United States and intends to enter on the fiancé visa.
• Both people are legally free to marry. Any prior marriages must be fully ended through divorce, annulment, or death of a former spouse.
• The couple intends to marry within 90 days of the fiancé's arrival in the United States.
• The couple has met in person within the two years before the petition is filed, unless a waiver applies.

These requirements sound simple, but the supporting evidence matters. Consular officers look closely at whether the relationship is genuine, so the petition should tell an honest and well-documented story of how the couple met and built their relationship.

The I-129F Petition

The process begins when the U.S. citizen files Form I-129F, the Petition for Alien Fiancé, with U.S. Citizenship and Immigration Services. This petition asks USCIS to recognize the relationship and approve the fiancé to apply for a visa abroad.

A strong I-129F filing usually includes proof of the petitioner's U.S. citizenship, evidence that both parties are free to marry, a written statement of intent to marry within 90 days, and documentation of the relationship such as photographs together, travel records, and communication history. Once USCIS approves the petition, it forwards the case to the National Visa Center and then to the U.S. embassy or consulate that serves the fiancé's home country.

The In-Person Meeting Requirement and Waivers

One of the most common questions we hear is about the requirement that the couple has met face to face within the two years before filing. Online dating, video calls, and letters do not satisfy this rule on their own. The couple generally must have been physically in each other's presence.

There are two narrow grounds for a waiver of the in-person meeting. The first is when an in-person meeting would violate strict and long-established customs of the foreign fiancé's culture or social practice. The second is when meeting in person would cause extreme hardship to the U.S. citizen petitioner. Waivers are decided case by case and are not granted lightly, so it helps to discuss your circumstances with a lawyer before relying on one.

Consular Processing and the Medical Exam

After the petition reaches the consulate, the foreign fiancé applies for the K-1 visa and prepares for an interview. This stage usually involves:

1. Completing the online visa application and gathering civil documents such as birth and police records.
2. Attending a medical examination with a physician approved by the consulate.
3. Assembling proof of the relationship and financial support, including an affidavit of support from the petitioner.
4. Attending an in-person interview at the U.S. embassy or consulate.

At the interview, the consular officer reviews the documents and asks about the relationship and the couple's plans to marry. If the officer is satisfied, the K-1 visa is issued, and the fiancé may travel to the United States. The visa is generally valid for a single entry within a limited window, so timing the travel matters.

The 90-Day Rule to Marry

Once the fiancé enters the United States on the K-1 visa, the couple has 90 days to marry. This deadline is firm. If the marriage does not happen within 90 days, the fiancé is expected to leave the country, and there is no extension of the K-1 status. The 90-day clock starts on the date of entry, not the date the visa was issued, so couples should plan the wedding with this window in mind.

The marriage must be a real marriage entered into in good faith, not an arrangement made only to obtain immigration benefits. Florida couples often marry in a simple civil ceremony first and hold a larger celebration later; what matters for immigration is a valid, legally recognized marriage within the 90 days.

Adjustment of Status After the Wedding

After marrying, the foreign spouse can apply for a green card through a process called adjustment of status. This is done by filing the appropriate application with USCIS while remaining in the United States. Because the spouse entered on a K-1 visa and married the petitioning citizen, this is the proper path; the spouse should not pursue a green card through marriage to a different person.

Adjustment of status involves filing the green card application along with a renewed affidavit of support, a medical examination, and supporting evidence of the marriage. Many applicants also request work and travel authorization while the case is pending. The couple usually attends a green card interview together. You can read more on our pages about adjustment of status and the marriage green card process.

K-2 Visas for the Fiancé's Children

If the foreign fiancé has unmarried children under 21, those children may be able to join the parent in the United States on K-2 visas. The children must be listed on the original I-129F petition. K-2 visa holders generally travel with or follow the K-1 parent, and after the marriage they can usually apply to adjust status to permanent residents as well. Naming the children early in the process avoids complications later, so it is worth raising at the start even if travel plans are uncertain.

When a Spouse Visa Is the Better Route

The K-1 visa is not always the best choice. If a couple is already married, or is willing and able to marry abroad before filing, a marriage-based immigrant visa may make more sense. A few points to weigh:

• A K-1 visa requires a second step, the adjustment of status, after arrival. A spouse who immigrates on a marriage-based visa often arrives as a permanent resident, with no separate green card application needed in the United States.
• Couples who are already married cannot use the K-1 visa, since it is only for fiancés.
• The total cost and timeline of each path can differ, and the right answer depends on where the couple is in their relationship and where they prefer to marry.
• A lawful permanent resident, who cannot file a K-1, can petition for a spouse through the family-based system.

We help couples compare these options before committing to a path. Our pages on family-based immigration and the green card process explain the alternatives in more detail.

Frequently Asked Questions

How long does the K-1 fiancé visa process take?

Timelines vary with USCIS processing and the workload at the consulate serving your fiancé's country. The process moves through petition approval, consular processing, and then adjustment of status after marriage, so it is best thought of in stages rather than a single wait. We can give you a realistic sense of timing for your specific country once we review your case.

Can my fiancé work in the United States on a K-1 visa?

A K-1 holder can apply for work authorization, but the K-1 status is short, so many couples instead wait and request work authorization as part of the adjustment of status application after the marriage. We can help you decide which approach fits your timeline.

What happens if we do not marry within 90 days?

The 90-day period cannot be extended. If the marriage does not take place, the fiancé is expected to depart the United States. Staying past the deadline without marrying can create serious immigration problems, so it is important to plan the wedding date carefully.

Do we have to marry in Florida?

No. The marriage can take place anywhere in the United States within the 90-day window. What matters is that it is a valid, legally recognized marriage entered into in good faith. Florida couples often marry locally, but where you marry within the country is your choice.

If you are a U.S. citizen hoping to bring a fiancé to Florida, we are ready to help you file the petition, prepare for the consular interview, and complete the green card process after the wedding. Call the Law Offices of Albert Goodwin at 786-522-1411, email [email protected], or visit our contact page to get started.