The U.S. citizen petitions to the USCIS Service Center for fiance visa approval, the approval is forwarded to the foreign U.S. consulate where the foreign fiance lives.
The foreign fiance gathers certain paperwork, attends an interview, and (hopefully) gets the fiance visa, travels to the U.S., marries in the U.S. and applies to adjust status during the first 90 days.
Total time estimated: 6-9 months, give or take. This is usually the preferred method unless the couple wants to marry and attempt Direct Consular filing (if available) or file a K-3.
• typically quicker than a spousal visa
• can work upon entry after getting social security card and an EAD. An EAD is applied for at the same time you file for AOS (after marriage). Typical wait times are 90 days to get the EAD).
• May allow for a "get to know your fiance better"period before marriage,si nce the visa is good for 90 days. If you pursue a spousal visa you MUST marry before you apply for a visa to enter the US.
• Will need advance parole in order to travel outside the US, will have to file adjustment of status after entry.
• If the relationship fails before the green card is received, there are no other options for adjustment and the K-1 spouse has to leave the US.
• K-1 visa recipients are in valid status for only 90 days and may not extend their status. K-1 visa holders should marry and file adjustment of status within 90 days after entry
into the US.
• Only U.S. citizens can file for a fiance visa.
