A K-1 visa lets the fiancé or fiancée of a U.S. citizen enter the United States to get married within 90 days and then apply for a green card. In El Paso we see this most often when a citizen is engaged to someone from Mexico, Central or South America, the Philippines or elsewhere who cannot simply visit and stay. Couples separated by the border have a choice: marry first and file a spousal immigrant visa, or file for a K-1 so the wedding happens here with family present. Which is faster and which fits your situation depends on where your partner lives, whether they have ever been in the U.S. unlawfully, and how soon you want to be together. We walk through both options honestly before you decide.
The K-1 is defined in INA § 101(a)(15)(K) and starts with Form I-129F, Petition for Alien Fiancé(e), filed with USCIS by the U.S. citizen. You must prove you are both legally free to marry, that you intend to marry within 90 days of entry, and that you met in person within the two years before filing unless a cultural or hardship exception applies. The International Marriage Broker Regulation Act (IMBRA) requires disclosure of certain criminal history and of how you met. After USCIS approval, the National Visa Center forwards the case to the consulate, where your fiancé(e) completes the DS-160, a medical exam and an interview. For Mexican nationals that interview is at the U.S. Consulate General in Ciudad Juárez, across the bridge from our office.
There is no court in a K-1 case. The petitioner in El Paso files paperwork with USCIS; the fiancé(e) attends one interview at the consulate; and after the wedding the couple files Form I-485 with USCIS for the green card, which usually involves an interview at the USCIS El Paso Field Office. Couples who file on their own most often stumble on the in-person meeting evidence, on prior marriages that were never properly dissolved, on the I-134 financial support form, and on a prior overstay or entry without inspection by the fiancé(e) that requires a waiver. We handle every stage, coordinate the Juárez interview from El Paso, and stay with you through the adjustment of status so the whole process is one flat fee with no surprises.
K-1 visa or spousal visa: which is right for an El Paso couple?
A K-1 requires two government steps: the visa, then a green card application after the wedding, with a second filing fee and a second interview. A spousal immigrant visa (CR-1/IR-1) requires marrying first, often abroad, but your spouse arrives as a permanent resident with no second application. For couples where the partner lives in Juárez and can cross with a visitor visa, timing and the ability to marry in El Paso often favor the K-1; for couples already married or where the partner is far away, the spousal visa is usually simpler. We map both timelines against your circumstances at the consultation.
After the visa: the 90-day rule and the green card
Your fiancé(e) must enter the U.S. on the K-1 and marry you within 90 days; the visa cannot be extended and the K-1 holder cannot marry someone else or switch to a different visa. Children under 21 can accompany them on K-2 visas. After the wedding, file Form I-485 with the I-864 Affidavit of Support and medical exam to adjust status; a work permit can be requested at the same time. Because the K-1 green card is based on a marriage under two years old, it is conditional, and the couple later files Form I-751 to remove the conditions.
What's included
- Consultation comparing the K-1 and spousal visa paths for your situation
- Preparation and filing of Form I-129F with relationship and in-person meeting evidence
- IMBRA disclosures and documentation of any prior marriages and divorces
- National Visa Center and consular stage: DS-160 guidance, Form I-134, civil documents and medical exam scheduling
- Interview preparation for the U.S. Consulate in Ciudad Juárez or the applicable post
- Responses to requests for evidence or administrative processing inquiries
How it works
Consultation and I-129F petition
We confirm you both qualify, choose between the K-1 and a spousal visa, and prepare the I-129F with proof of your relationship, your in-person meeting and your intent to marry. We file with USCIS and track the receipt.
NVC and the consular interview
After USCIS approval, we guide your fiancé(e) through the DS-160, the I-134 support form, police certificates and the medical exam, then prepare them for the interview in Ciudad Juárez or the consulate in their country.
Entry, wedding and green card
Your fiancé(e) enters on the K-1, you marry in El Paso within 90 days, and we file the I-485 adjustment package with USCIS, including the work permit, and prepare you for the interview at the USCIS El Paso Field Office.