First off—congratulations! Getting engaged is a big deal. It’s exciting, it’s emotional, and yes… it can be a little overwhelming. Especially when your fiancé or fiancée is from another country and you’re trying to figure out what that means for your future life together here in the U.S.
If you’re asking, “I’m engaged to marry an immigrant—what’s next?” you’re in the right place.
Let’s take a deep breath and break this down together.
The goal here is simple: figure out the best immigration path forward so the two of you can build your life together, legally and without unnecessary delays. But here’s the thing—there’s no one-size-fits-all answer. Every couple is different. Your fiancé's current immigration status, your timeline, where they are right now (in the U.S. or abroad), and even your own citizenship status all play a role in what steps you should take next.
This article is here to walk you through your options, explain how U.S. immigration law applies to your relationship, and hopefully, help you avoid some common mistakes along the way. Whether you're considering a fiancé visa or thinking about getting married first, we’ll cover the pros, the cons, and everything in between.
Two Main Immigration Options After Getting Engaged
So, you’re engaged and ready to start your life together—now it’s time to choose the best immigration path. When it comes to U.S. immigration, there are two main options couples usually consider after getting engaged:
Option 1: The Fiancé Visa (K-1 Visa)
This is the option you’ve probably heard about on TV or reality shows. The K-1 visa lets your fiancé(e) come to the U.S. for the specific purpose of getting married within 90 days of arrival.
Here’s the basic idea:
- You file a petition for your fiancé(e).
- Once approved, they go through visa processing and attend an interview abroad.
- If everything goes well, they enter the U.S. on a K-1 visa.
- You get married within 90 days.
- Then, they apply for a green card (adjustment of status) from inside the U.S.
The K-1 route is great if you want to get married here in the U.S. and your fiancé(e) is still living abroad. But it does come with a few extra steps—and extra costs—because you're essentially doing two applications: first the K-1, then the green card.
Option 2: Get Married First, Then Apply for a Green Card
This is the "marriage-based green card" route, and it’s exactly what it sounds like.
You get married—either in the U.S. or abroad—and then file a petition for your spouse. Depending on your situation, your spouse might be eligible to apply for their green card either from inside the U.S. (adjustment of status) or through a U.S. consulate in their home country (consular processing).
This option is often simpler and more cost-effective, especially if your partner is already in the U.S. and entered legally. But again, that’s not always the case.
So Which Option Is Better?
That’s the big question, right? And here’s the honest answer: it depends.
- Where are you and your fiancé(e) physically located right now?
- Did your fiancé(e) enter the U.S. legally?
- What’s your timeline for getting married or starting your life together?
- Are there any past immigration violations, visa overstays, or legal issues in the mix?
Your answers to those questions will help shape the right path forward. There’s no universally "better" option, it really comes down to what works best for you and your specific situation.
The K-1 (Fiancé) Visa Explained
Let’s start with the classic “fiancé visa”—formally known as the K-1 visa.
This is a great option if you're engaged, not yet married, and your fiancé(e) is currently living outside the U.S. It’s designed to bring them here so you can get married and start your life together—all within a legal framework.
Who This Option Is For
You might want to consider the K-1 visa if:
- You’re engaged, but haven’t tied the knot yet.
- Your fiancé(e) is living outside the U.S.
- You’ve met in person within the last two years (with some limited exceptions—like hardship or cultural reasons, which we can talk about if needed).
This visa is for couples who want to get married in the U.S. and begin their immigration process after the wedding.
The Basic Process (At a Glance)
Here’s how it usually goes, step-by-step:
- File Form I-129F — This is the petition to bring your fiancé(e) to the U.S.
- Wait for approval and consular processing — Your fiancé(e) attends a visa interview at the U.S. embassy or consulate abroad.
- Enter the U.S. on a K-1 visa — Once approved, they travel to the U.S.
- Get married within 90 days — That 90-day clock starts the day they arrive.
- Apply for adjustment of status (green card) — After marriage, you file the green card application from inside the U.S.
Pros of the K-1 Visa
- You get to be together in the U.S. sooner (in some cases) since it skips the marriage requirement up front.
- You can plan your wedding here in the U.S.—which is ideal for couples who want friends and family involved locally.
Cons of the K-1 Visa
- It’s a two-step process. You’ll file the fiancé visa, then later file the green card application. That means more paperwork, more fees, and more waiting.
- Your fiancé(e) won’t be able to work or travel right away. They'll need to wait for work/travel authorization, which is part of the green card application.
- It’s not always faster overall. Many couples are surprised to learn that going the marriage-based route first is often quicker.
Marriage-Based Immigration (Green Card Path)
If you’ve already decided to get married—or you’re leaning that way before starting the immigration process, marriage-based immigration might be the better option.
This route can actually be more straightforward than the fiancé visa, especially when you're already together in the U.S. or planning to marry soon.
Depending on where you get married, there are two main paths forward:
If You Get Married Outside the U.S.
If your wedding takes place abroad, here's what the process usually looks like:
- File Form I-130 — This petition establishes your marriage relationship.
- Go through consular processing — Your spouse applies for an immigrant visa at a U.S. consulate or embassy.
- Enter the U.S. as a permanent resident — Once approved, they’ll enter the U.S. with their green card already in hand!
This is a clean and efficient option—no need to file a second application once they arrive.
If You Get Married Inside the U.S.
If your fiancé(e) is already in the U.S. and entered lawfully, you may be eligible to adjust status right here without them ever having to leave the country.
Here’s how that looks:
- You get married.
- You file both the I-130 and the green card (adjustment of status) application at the same time.
- Your spouse stays in the U.S. while the case is processed, and they can apply for work and travel authorization while they wait.
But— this only works if your spouse entered the U.S. with valid status (like a visa) and meets certain eligibility rules. It also depends on your relationship category (i.e. whether you’re a U.S. citizen or green card holder).
This is one of those moments where it’s smart to talk to a lawyer to avoid missteps.
Pros of the Marriage-Based Path
- Fewer steps than the K-1 path. You don’t have to do two rounds of paperwork—you’re starting your life and immigration journey together.
- Green card can be approved sooner. In many cases, the timeline is faster than the fiancé visa process.
Cons of the Marriage-Based Path
- Timing depends on multiple factors. Your spouse’s country of origin, your immigration status, and even your history as a couple can all affect how long the process takes.
- You may need to be apart during consular processing. If your spouse is abroad, you’ll be living in separate countries while the petition and visa are processed—something to prepare for emotionally and logistically.
The 90-Day Rule: What It Is—and What It Isn’t
The 90-day rule is a guideline, not a law. It’s used by immigration officials to evaluate intent—basically, why someone came to the U.S.
If someone enters on a visitor visa (or other temporary visa) and then quickly gets married or applies for a green card, it can raise questions about whether they were honest about their plans when they arrived.
Key Takeaways
- Intent matters. Coming to visit is different than coming to stay.
- Getting married right after arriving isn’t illegal—but it might lead to extra scrutiny.
- Waiting 90 days before filing immigration paperwork can reduce risk, but doesn’t guarantee smooth sailing.
- Context matters. Immigration officials look at the full picture.
Bottom line? The 90-day rule doesn’t ban marriage—it just helps officers decide if someone may have misused a visa. If you’re unsure about timing or your plans, it’s a good idea to talk with an attorney.
Choosing Between the K-1 and Marriage-Based Process
Not sure which path to take? Here's a quick breakdown of the key things to think about when choosing between the K-1 visa and getting married first.
1. Where You’re Both Located
- If your fiancé(e) is outside the U.S. and you want the wedding here, the K-1 visa might make more sense.
- If you’re already together in the U.S., or you plan to marry abroad, marriage-based is often the simpler path.
2. Processing Times
- Timelines vary, but marriage-based cases (especially if you're already married) can often move faster overall.
- The K-1 path involves two steps—first the visa, then the green card—which usually takes longer.
3. Ability to Work or Travel
- On a K-1 visa, your fiancé(e) can’t work or travel until you marry and file for a green card.
- With marriage-based adjustment (if done in the U.S.), your spouse can apply for work and travel permits while the green card is pending.
4. Cost and Number of Filings
- K-1 process requires more forms, more fees, and two major steps.
- Marriage-based usually involves fewer applications, so it can be more cost-effective.
5. Immigration History
- If your fiancé(e) has had visa issues, overstays, or prior denials, you’ll want to talk with a lawyer to see which path is safer.
- Unlawful entry or visa misuse may disqualify someone from adjusting status in the U.S., which can impact your decision.
Special Situations That Need Legal Guidance
While many couples can handle the basics of the immigration process on their own, there are certain situations where it's not just smart—but essential—to get legal help.
If any of the following apply to you or your fiancé(e)/spouse, it’s time to talk to an immigration attorney:
1. Prior Overstays or Unlawful Presence
If your fiancé(e) stayed in the U.S. longer than their visa allowed or has been here without status, it can trigger bars to re-entry or affect green card eligibility. Some of these issues can be waived—but only in specific cases.
2. Prior Marriages or Divorces
Immigration will closely review past relationships. If either of you has been married before, make sure all prior marriages were legally ended before filing anything. Incomplete or unclear records can delay or derail your case.
3. Criminal History
Even minor charges can impact immigration. If either partner has a criminal record, it's critical to understand how it could affect eligibility—and whether a waiver or additional documentation might be needed.
4. Entry Without Inspection (EWI)
If your partner entered the U.S. without a visa or was not inspected, they may not qualify for adjustment of status. However, there may still be options, especially if you’re married to a U.S. citizen.
5. Military Families
If the U.S. citizen is active-duty military, a veteran, or reservist, special protections may apply—like Parole in Place (PIP). This can offer a path to adjust status even after an unlawful entry.
Next Steps if You’re Engaged
Alright, you’re engaged and thinking through your options—so what should you actually do next? Here’s a simple roadmap to set yourself up for success:
1. Talk to an Immigration Attorney Before Filing Anything
Seriously—don’t file forms on a hunch or a blog post alone. One quick consult can save you from months of stress or even a denied case.
2. Avoid Rushed Travel or Visa Decisions
If your fiancé(e) is planning to visit the U.S., be mindful of visa rules and how their travel could affect future green card options. The 90-day rule? It’s real. Timing and intent matter.
3. Start Gathering Relationship Evidence
Photos, travel receipts, texts, call logs, joint plans—anything that shows your relationship is real and ongoing. Start saving this now. You’ll need it later for whatever path you choose.
4. Choose a Strategy Before Wedding Planning Locks You In
Your wedding date and location can directly impact your immigration options. It’s better to set your immigration game plan before booking venues or sending invites.
Conclusion
Getting married is a huge life event—congrats again! When immigration is part of the equation, it just means you’ve got a few more puzzle pieces to fit together.
Whether you choose the K-1 route or marriage-based green card process, the most important thing is to make an informed decision that’s right for you both.
At Tingen Law, we help couples like you navigate this process every day. We’d love to talk through your situation and help you build the best path forward—so you can focus on your relationship, not paperwork.
If you're ready to take the next step, schedule a consultation today with our team.