K-1 Fiancee Visa

Check Out Frequently Asked Questions & Answers

11. Can Foreign National Fiancé(e) Apply for a Social Security Number (SSN)?

Yes. The foreign national can apply for a social security number by visiting one of the Social Security offices in his or her local area.

12. Can a Foreign National Fiancé(e) Use a Different Kind of Visa, or Enter as a Visitor Without a Visa, and Then Get Married to His or Her U.S. Citizen Fiancé(e)?

There could be serious problems for a foreign national fiancé(e) if he or she enters the United States on another visa with the intention of marrying a U.S. citizen and residing permanently in the U.S. Attempting to obtain a visa or entering the United States by saying one thing when the true intent is different may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.

13. If a Foreign National Fiancé(e) is Already in the U.S. in Another Status, Can He or She Get Married to Their U.S. Citizen Fiancé(e)?

If the foreign fiancé(e) is in the United States and entered using a visa other than a fiancé(e) visa, and they marry, then U.S. citizen may file an I-130 relative petition for him or her as a spouse. The foreign national fiancé(e) may be able to file Form I-485 for adjustment of status along with the relative petition.

If the foreign national fiancé(e) is in the United States and entered unlawfully or without inspection, in most cases, he or she will not be able to adjust status to that of a permanent resident while in the United States. Once the foreign national and the U.S. citizen marry, the U.S. citizen spouse may file a Form I-130 relative petition for him or her. If approved, the foreign national fiancé(e) may have to pursue an immigrant visa at a U.S. Embassy or consulate overseas.

14. What Happens if the Foreign National Fiancé(e) and the U.S. Citizen Fiancé Do Not Marry Within 90 Days?

The foreign national fiancé(e)’s K-1 status automatically expires after 90 days and cannot be extended. The foreign national fiancé(e) is then required to leave the U.S. at the end of the 90 days. If the foreign national fiancé(e) does not depart, it would be a violation of U.S. immigration law. This could affect their future eligibility to enter the U.S.

15. What Should the Foreign National Fiancé(e) Do After Getting Married to His or Her U.S. Citizen Fiancé(e)?

After the marriage, the foreign national spouse must file Form I-485, Application to Register Permanent Residence or to Adjust Status, with the USCIS office that serves the area where U.S. citizen lives. The U.S. citizen must include an Affidavit of Support, Form I-864, with the foreign national spouse’s application to become a lawful permanent resident (LPR).  The foreign national spouse may also apply for employment authorization and permission to travel outside the country.