Green Card Genius

How It Works · Updated 2026

From a K-1 Fiance Visa to a Marriage Green Card

If you came to the U.S. on a fiance visa, here is exactly how you turn it into a green card, and the one rule you cannot miss.

In short

A K-1 is a fiance visa, and it leads to a green card in one specific way: you marry the U.S. citizen who brought you over, within 90 days of arriving, and then apply for your green card from inside the U.S. You do not file a new petition, and you do not have to leave the country. (You may see this called “adjustment of status” on official websites. It just means getting your green card without going back home.) Most cases take 8 to 14 months from filing to green card and cost about $2,330 in government fees for one person if you also get the optional work and travel permits; about $1,440 without them (you do not pay for a new petition).

This is general information to help you understand your options, not legal advice.

The short version

Can a fiance visa lead to a green card?Yes, in one specific way: by marrying the U.S. citizen who filed your fiance petition, within 90 days of arriving, and then applying for your green card from inside the U.S.
Can you get a green card any other way on a K-1?No. A K-1 only works if you marry the exact person who brought you over. You cannot switch to a different spouse, a job-based green card, or another family member. If you do not marry that person, you are expected to leave the U.S.
Do you have to start a new request with the government?No. Your fiance visa was already approved based on the first request your fiance filed to bring you over (called a petition, on Form I-129F). You use that same approval, so you do not start a new one for your green card. That also makes it cheaper than a regular marriage case.
Do you have to leave the U.S.?No. Once you marry the person who petitioned for you within 90 days, you apply for your green card from inside the U.S. and stay here.
Will your green card be temporary at first?Maybe. If you have been married less than 2 years on the day it is approved, you first get a 2-year green card and later file one more form to make it permanent. If you have been married 2 years or more, you get the 10-year card right away. You cannot know which in advance.
What does it cost?About $2,330 in government fees for one person (less than a regular marriage case, since there is no new petition), plus a separate medical exam fee you pay to a doctor.
How long does it take?Usually 8 to 14 months from filing to green card.

Fees are current as of 2026 (source: the USCIS fee schedule). Always check uscis.gov before you file. The 8 to 14 months is a typical range (source: USCIS processing times).

The one rule that decides everything

A fiance visa is given for one reason: to let you come to the U.S. and marry the specific person who applied for you. The law is strict about this. You can get a green card from a K-1 only by marrying that exact person, and you must do it within 90 days of arriving. The good part is that you do not have to start a new petition, you simply continue on the fiance petition that was already approved.

What a K-1 does not let you do

  • You cannot get a green card by marrying someone other than the person who petitioned for you.
  • You cannot switch to a job-based or other family green card instead.
  • If you do not marry that person within 90 days, the fiance path ends and you are expected to leave the U.S.

Will your green card be temporary or permanent?

It depends on how long you have been married on the day your green card is approved, which you cannot know ahead of time. If you have been married less than 2 years when it is approved, you first get a green card that is good for 2 years. Before it runs out, you and your spouse file one more form (Form I-751) to turn it into the regular 10-year card. If you have been married 2 years or more when it is approved, you get the 10-year card right away.

One heads-up so official letters do not scare you: on paperwork, that 2-year card is called a “conditional” green card, and the form to make it permanent is called “removing conditions.” That is the same thing described here, just the formal wording you will see from the government.

If your children came with you on their own visas (called K-2 visas, the visa for the children of a K-1 fiance), they get their green cards based on your marriage. A child who is close to turning 21 can run into problems, so it is worth getting advice for any child near that age.

Does it matter if your spouse is a citizen or a green card holder?

Yes, a lot. This is the biggest thing that decides whether you can get your green card without leaving the country.

If you married a U.S. citizen

You are in the group with the fewest restrictions (the law calls it an “immediate relative”). Even if you stayed past your allowed time or worked without permission, you can usually still apply for your green card from inside the U.S. without leaving. This is the most common and most straightforward path.

If you married a green card holder

If you married a U.S. citizen, you can usually finish the whole process inside the United States. If you married someone who has a green card but is not a citizen yet, the rules are stricter for two reasons. First, there is a waiting list for spouses of green card holders, so a spot may not be open right away. Second, if you stayed longer than allowed or worked without permission, you usually cannot fix that from inside the U.S. the way a citizen's spouse can. Because of those two things, many people married to a green card holder finish their case at a U.S. embassy in their home country instead.

What it costs

A K-1 is usually cheaper than a regular marriage case because you do not pay for a new petition. The main government fees are the green card application ($1,440), plus the optional work permit ($260) and travel permit ($630) if you file them together. That comes to about $2,330 in government fees for one person if you also get the optional work and travel permits; about $1,440 without them (you do not pay for a new petition), plus a separate medical exam fee you pay to a doctor.

Fees current as of 2026, source USCIS Fee Schedule (Form G-1055). Verify on uscis.gov before filing.

What proof helps your case

What you must include

  • Your marriage certificate to the person who petitioned for you
  • Proof you married within 90 days of arriving
  • Your approved fiance petition and your entry record (called an I-94, the record showing the date you arrived)
  • The green card application and its supporting forms

Show the marriage is real

  • A home, bank accounts, or bills you share
  • Photos together over time
  • Trips and plans you have made together
  • Short letters from people who know you as a couple

When it is worth talking to a lawyer

A K-1 couple who married on time and has a straightforward situation can usually file on their own. Get advice from an immigration attorney if any of these are true:

  • You married, or are thinking about marrying, someone other than the person who petitioned for you.
  • You did not get married within 90 days of arriving.
  • You are wondering about any green card path other than this marriage.
  • You have a child who may turn 21 before the case is decided.
  • You were ever ordered to leave the U.S., were found to have lied to immigration, or have a criminal record.

Common questions

Can a fiance (K-1) visa lead to a green card?

Yes, in one specific way. You get a green card by marrying the U.S. citizen who filed your fiance petition, within 90 days of arriving, and then applying from inside the U.S. You do not file a new petition to begin, and you do not have to leave the country.

Can I get a green card on a K-1 if I marry someone other than my fiance?

No. A fiance visa only leads to a green card if you marry the exact person who brought you over. You cannot switch to a different spouse or to a job-based or other family green card. If you do not marry that person, you are expected to leave the U.S.

What happens if we did not get married within 90 days?

The fiance visa requires you to marry the person who petitioned for you within 90 days of arriving. If that did not happen, the path to a green card through the K-1 usually closes and you are expected to leave. This is a situation worth reviewing with an immigration attorney before you file anything.

Do I have to file a new petition to start my green card?

No. Your fiance visa was already approved on a petition, and you continue on that same approval. Skipping a new petition is also why a K-1 green card costs less than a regular marriage case.

Will my green card be temporary at first?

It depends on how long you have been married on the day it is approved, which you cannot know in advance. If you have been married less than 2 years, you first get a green card good for 2 years, then file one more form before it expires to make it permanent. If you have been married 2 years or more, you get the 10-year card right away.

Do I have to leave the U.S. to get my green card on a K-1?

No. Once you marry the person who petitioned for you within 90 days, you apply for your green card from inside the U.S. and stay here.

What about children who came with me on K-2 visas?

K-2 visas are the visas for the children of a K-1 fiance. Those children get their green cards based on your marriage to the person who brought you over. Timing and age matter, and a child close to turning 21 can run into trouble, so it is worth getting advice for any child near that age.

How much does it cost and how long does it take?

About $2,330 in government fees for one person, which is less than a regular marriage case because there is no new petition, plus a separate medical exam fee you pay to a doctor. Most cases take 8 to 14 months.

The main things to remember

  • A K-1 fiance can only get a green card by marrying the exact U.S. citizen who filed the fiance petition, within 90 days of arriving.

  • You use the already-approved fiance petition, so you do not file a new petition to start your green card, which also makes it cheaper.

  • Whether your first green card is temporary (2 years) or permanent (10 years) depends on how long you have been married on the day it is approved, which you cannot know in advance.

  • If you do not marry the person who petitioned for you within 90 days, the K-1 path closes and you are expected to leave.

  • Government fees are about $2,330 for one person, and the process usually takes 8 to 14 months.

This article is general information to help you understand the process. It is not legal advice. Immigration rules and fees change often, so check the official USCIS website (uscis.gov) before you file, and talk to a licensed immigration attorney about your own situation. Information is current as of 2026.

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