Can I Start the Green Card Process Before We Get Married?

Not married yet but planning to be? The K-1 fiancé visa may be your first step. LaGrone Law explains the K-1 visa process, timeline, and how it leads to a green card.

If you are not yet married but are engaged to a U.S. citizen, you have options — specifically, the K-1 Fiancé(e) Visa. This visa allows a U.S. citizen to bring their foreign-national fiancé(e) to the United States to get married, after which the foreign spouse can apply for a green card.

What Is the K-1 Fiancé Visa?

The K-1 visa is a nonimmigrant visa that allows a U.S. citizen's foreign fiancé(e) to enter the United States for the specific purpose of getting married. Once you arrive, you have 90 days to get legally married. After the marriage takes place, you can file for adjustment of status (Form I-485) to obtain your green card.

Who Is Eligible?

To qualify for the K-1 visa:

- The petitioning partner must be a U.S. citizen (not a green card holder — LPRs cannot file K-1 petitions).

- Both parties must be legally free to marry (no current marriages).

- The couple must have met in person within the past two years.

- The relationship must be genuine and intended to result in a legal marriage.

- Immigrant fiance cannot be present in the U.S.

K-1 vs. Marrying First and Then Filing

Whether to use the K-1 or simply get married first and then file depends on your situation. The K-1 route can be faster if your fiancé(e) is abroad, but it adds a step (you must marry within 90 days). Getting married first and filing for adjustment of status can be more direct if your partner is already in the U.S and entered with a visa.

What Comes After the K-1?

Once you marry, you file Form I-485 to adjust your status to permanent resident. Because you arrived on a K-1 visa, your case will be processed as a marriage-based adjustment of status.

Let us guide you from engagement to green card. Contact LaGrone Law.