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K-1 visa · 27.10.2026

Marrying a Non-US Citizen: K-1 Fiancé(e) Visa vs Marriage-Based Green Card (2026)

Marrying someone who is not a US citizen? Compare the K-1 fiancé(e) visa (Form I-129F, marry within 90 days, then Form I-485) with a marriage-based green card (Form I-130, consular processing or adjustment of status), with fees from the USCIS G-1055 fee schedule edition 10/16/26, State Department visa fees, and how a marriage abroad is recognized.

K-1 visa or marriage green card?. $675 – Form I-129F fiancé(e) petition; $675 – Form I-130 spouse petition on paper ($625 online); $1,440 – Form I-485 green card application on paper ($1,390 online); 90 days – to marry after a K-1 entry; it cannot be extended. 1: US citizen files I-129F (K-1) or I-130 (spouse); 2: consulate interview, medical exam, visa issued; 3: K-1: marry within 90 days, then file Form I-485; 4: married under 2 years: conditional card, then I-751. K-1 means the wedding is in the US. Already married? The I-130 route is the one for you
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If you are a US citizen planning to marry someone from another country, the immigration path shapes the wedding itself: where you marry, when, and how much paperwork comes first. There are two main routes. You can bring your partner over as a fiancé(e) on a K-1 visa and marry in the US. Or you can marry first, at home or abroad, and petition for your spouse with Form I-130.

This guide compares both routes using USCIS and State Department sources, with fees from the USCIS fee schedule (Form G-1055, edition dated 10/16/26). It is general information, not legal advice. Immigration cases depend on details such as prior visa history, criminal records, past marriages and where your partner lives. For anything beyond a simple case, talk to an immigration attorney or a DOJ-accredited representative.

This article is about petitions by US citizens. Green card holders can petition for a spouse (Form I-130) but cannot use the K-1 fiancé(e) visa, and their spouses may have to wait for a visa number.

The two routes at a glance

K-1 fiancé(e) visa Marriage-based green card
When you marry after your partner arrives in the US, within 90 days before you file
First form I-129F, Petition for Alien Fiancé(e) I-130, Petition for Alien Relative
Where the wedding happens in the US anywhere it is legally valid
Green card step Form I-485 in the US after the wedding spouse abroad: immigrant visa at a consulate; spouse lawfully in the US: I-485, often filed with the I-130
Arrives as a nonimmigrant (K-1), then applies for a green card spouse abroad usually arrives as a permanent resident
Total paperwork two stages (K-1 visa, then green card) one immigrant case

Route 1: the K-1 fiancé(e) visa

Who qualifies

According to USCIS, the US citizen petitioner and the fiancé(e) must:

  • both be legally free to marry, with any earlier marriages ended by divorce, death or annulment;
  • intend to marry within 90 days of the fiancé(e)'s admission to the US;
  • have met in person at least once within the 2 years before filing Form I-129F. A waiver is possible if meeting would violate strict, long-established customs of the fiancé(e)'s culture or would cause extreme hardship to the petitioner.

Step by step

  1. File Form I-129F with USCIS. It goes to the USCIS lockbox in Dallas. It cannot be filed at a US embassy, consulate or USCIS office abroad.
  2. Approval and the National Visa Center. After approval, the NVC sends the case to the embassy or consulate where your fiancé(e) lives. An approved I-129F is valid for four months, and the consular officer can extend it.
  3. Visa application. Your fiancé(e) completes Form DS-160, pays the visa fee, has a medical exam with an authorized panel physician and attends an interview. The officer may ask for Form I-134, Declaration of Financial Support.
  4. Entry. The K-1 visa allows a single entry and is valid for up to 6 months from issuance.
  5. Wedding within 90 days. You marry your petitioner, and it must be the petitioner, within 90 days of admission. K-1 status automatically expires after 90 days and cannot be extended.
  6. Green card application. After the wedding, your spouse files Form I-485 with USCIS, with the I-129F approval notice, your marriage certificate, Form I-864 (Affidavit of Support) and Form I-693 (medical) if required. No separate I-130 is needed on this path.

Your fiancé(e)'s children can come on K-2 visas through the same petition if they are listed on it. Each child needs a separate visa application and fee.

The 90-day rule, and what happens if you miss it

USCIS is clear. If you do not marry within 90 days, your fiancé(e) and any children generally must leave the US. Staying without status violates immigration law, can lead to removal and can affect future immigration benefits. A K-1 holder generally cannot get a green card on any other basis than marriage to the petitioner. There is an exception for people later granted U or T status. A K-1 holder also generally cannot change to another nonimmigrant status without leaving the US.

If you marry after day 90, USCIS says you may file Form I-130, Petition for Alien Relative. Treat that as a reason to plan the wedding date early, not as a backup plan. The license rules of your state still apply, including waiting periods and expiry. See marriage license requirements by state. A simple courthouse wedding is a common way to meet the deadline, with a bigger celebration later.

Route 2: marry first, then file Form I-130

You can marry anywhere the marriage is legally valid and then petition for your spouse.

If your spouse is abroad, you file Form I-130. After approval, the case goes to consular processing. Your spouse pays the immigrant visa fee, submits the Affidavit of Support (Form I-864), has a medical exam, attends an interview, and enters the US as a permanent resident.

If your spouse is already in the US and was lawfully admitted or paroled, USCIS allows a US citizen to file the I-130 and the I-485 at the same time. A spouse who entered on another visa (for example as a visitor) raises questions about intent at entry, and the answers depend on the facts. This is a good moment for a lawyer.

K-3 is a little-used option. After filing an I-130, a US citizen can also file Form I-129F so the spouse can apply for a K-3 nonimmigrant visa while the I-130 is pending. Filing that I-129F has no USCIS fee.

Conditional green card if you married less than 2 years ago

Both routes lead to the same rule. If you have been married less than 2 years on the day your spouse becomes a permanent resident, the green card is conditional for 2 years. You file Form I-751 together within the 90 days before the card expires. If you miss that window, USCIS warns that the resident status will be terminated.

Fees (as of 27 October 2026)

USCIS fees come from the Form G-1055 fee schedule, edition dated 10/16/26. State Department fees come from its "Fees for Visa Services" page. Fees change, so check both pages on the day you file or pay.

Fee Amount Route
Form I-129F (K-1 petition) $675 K-1
Form I-129F for K-3, based on an I-130 you filed $0 K-3
K visa application fee (State Dept., per applicant) $265 K-1, K-2
Form I-485, applicant 14 or older $1,440 on paper / $1,390 online K-1 after the wedding; spouse in the US
Form I-485, under 14 filed with a parent $950 on paper / $900 online children
Form I-765 (work permit) with an I-485 filed on or after April 1, 2024 $260 optional
Form I-131 (advance parole) with a pending I-485 $630 on paper / $580 online optional
Form I-130 (spouse petition) $675 on paper / $625 online marriage green card
Immigrant visa fee, immediate relative (State Dept.) $325 per person spouse abroad
Affidavit of Support review (State Dept., only when reviewed domestically) $120 spouse abroad
USCIS Immigrant Fee (for those immigrating as permanent residents) $235 spouse abroad; K nonimmigrants pay $0
Form I-864 Affidavit of Support (USCIS) $0 both
Form I-751 (remove conditions) $750 on paper / $700 online conditional residents

Not in the table: the panel physician's medical exam, which varies by country and clinic, and the civil surgeon's exam in the US for Form I-693; translations; document fees; and travel to the interview. Form G-1055 also lists H.R. 1 (Pub. L. 119-21) fees for some I-131 and I-765 categories, which are paid separately. The law also created a separate "visa integrity fee" for nonimmigrant visas. We could not confirm from official sources whether or how it applies to K visas, so check the State Department fees page before your interview.

Rough USCIS + State Department totals before optional forms, medical and travel:

  • K-1 route: $675 (I-129F) + $265 (K-1 visa) + $1,440 (I-485 on paper) = $2,380
  • Spouse abroad: $675 (I-130 on paper) + $325 (immigrant visa) + $235 (USCIS Immigrant Fee) = $1,235, plus $120 if the affidavit is reviewed domestically

The marriage-based route abroad usually costs less in government fees. The K-1 route lets you hold the legal wedding in the US with your partner present.

Processing times

Processing times change constantly and vary by form and office. Check the official USCIS processing times tool (egov.uscis.gov/processing-times) for your form and service center, and the State Department's information for your consulate. Do not rely on estimates from forums or older articles.

Marrying abroad: will the US recognize it?

  • Who can marry you. US embassy and consulate staff cannot perform marriages. Local law decides who can officiate and what documents you need. Many countries ask for an apostilled birth certificate, a certified translation or a declaration that you are free to marry. Requirements vary by country; for planning tips, see our destination wedding guide.
  • Immigration. USCIS generally treats a marriage as valid for immigration purposes if it was legally valid in the place where it was celebrated. Exceptions include marriages contrary to US public policy, such as polygamous marriages. Proxy marriages, where both partners were not physically present together, count only if the marriage was consummated afterward. Civil unions and domestic partnerships are not treated as marriages.
  • State law. Whether your home state recognizes a foreign marriage for other purposes is a question of state law. The State Department points couples to the Attorney General's office of the state where they live.
  • Symbolic ceremony. If you hold a symbolic ceremony abroad and the legal wedding at home, the date on your US marriage certificate is the one that counts for the I-130, for taxes and for the "married less than 2 years" rule.

Which route fits you?

Your situation Usually the better fit
Partner lives abroad, you want to marry in the US with family present K-1
You are already married, or happy to marry abroad or at a courthouse during a visit I-130 with consular processing
Partner is already lawfully in the US I-130 + I-485 filed together (get legal advice on entry intent)
You are a green card holder, not a citizen I-130 only (K-1 is for citizens' fiancé(e)s)
Lowest government fees I-130 with consular processing

After the wedding: the rest of the paperwork

  • Name change: if either of you changes names, update Social Security first, then the passport and other IDs. For your spouse, the name on immigration forms should match the marriage certificate and passport. See how to change your name after marriage.
  • Taxes: your marital status on December 31 sets your filing status for the year. See taxes after marriage.
  • Prenup: if you plan one, sign it well before the wedding. See prenup basics.

FAQ

Can my fiancé(e) come on a tourist visa and we marry here?

Marrying in the US is legal for visitors, but whether your spouse can then apply for a green card from inside the US depends on the facts of their entry and their intent at the time. This is exactly where an immigration attorney earns the fee.

Can the K-1 90 days be extended?

No. USCIS says K-1 and K-2 status automatically expires after 90 days and cannot be extended.

Do we need a big wedding within 90 days?

No. Immigration law only requires a legally valid marriage. Many couples marry at the courthouse within the 90 days and hold the celebration later.

Is the fiancé(e) allowed to work on a K-1?

Generally, an applicant with a pending Form I-485 may apply for employment authorization with Form I-765 ($260 when filed with an I-485 submitted on or after April 1, 2024).

Sources

K-1 visafiance visamarriage green cardI-129FI-130I-485marrying a foreigner

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