After Entry on a K-1 Fiance Visa: 90-Day Rule and Next Steps
After Entry on a K-1 Fiance Visa: 90-Day Rule and Next Steps
This post focuses on what happens after a K-1 fiance(e) enters the United States. It covers the 90-day marriage rule, adjustment of status basics, and key work and travel limits.
Key rules after entry on a K-1 visa
The K-1 visa is a nonimmigrant visa that allows entry for one purpose: marriage to the U.S. citizen petitioner. After entry:
- You must marry the petitioner within 90 days.
- The K-1 status does not extend beyond that 90-day window.
- If the marriage does not occur, you are expected to depart the United States.
- Keep copies of your entry documents, including your I-94 record.
Marriage and adjustment of status
After the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident. USCIS handles this part of the process.
Common filings include:
- Form I-485 for adjustment of status.
- Form I-864 Affidavit of Support from the U.S. citizen spouse.
- Form I-765 for employment authorization.
- Form I-131 for advance parole (permission to travel while the case is pending).
USCIS may also request a medical exam or vaccination record. Follow the instructions in the adjustment packet carefully.
Work and travel limits
K-1 status alone does not provide long-term work authorization. In most cases:
- You should not work until you receive an employment authorization document.
- You should not travel abroad until advance parole is approved.
- Leaving the United States without advance parole can be treated as abandoning the adjustment of status application.
If travel is urgent, get legal guidance before making plans.
What to expect from USCIS
Most applicants will go through:
- A biometrics appointment.
- One or more requests for evidence, if USCIS needs additional documents.
- An adjustment interview in some cases.
Processing times vary, so monitor your case and respond to USCIS notices on time.
Practical planning tips
- Keep copies of your marriage certificate and joint documents.
- Update your address with USCIS if you move.
- Save proof of your shared life together (leases, utilities, insurance, photos).
- Avoid international travel until you have written approval.
When to get legal help
Consider speaking with an attorney if you:
- Cannot marry within 90 days for reasons beyond your control.
- Have prior immigration violations or criminal history.
- Receive a request for evidence you do not understand.
Taking action early can prevent avoidable problems later.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.
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