Can I apply for a K-1 form if my fiancé is already in the U.S. on a student visa?

You don’t need a K-1 visa if your fiancé is already in the U.S.; a K-1 Fiancé Visa is only applicable if they wish to enter the U.S. and get married.

Get a marriage license, get married, and then once you’re both bona-fide, you can file for adjustment of status for your fiancé. (The process of getting a “green card”, or permanent resident card, is called “adjustment of status”.)

Once you’re married, you’ll need to file forms Form I-130 (to identify your fiancé as a relative) and Form I-485 (to adjust status) in a package together. The instructions for those forms describe where to send them and how to fill them out.

The process should take around 9 months, during which time it’ll be difficult for your fiancé to leave the United States without screwing up the whole process. (So it’s a good idea not to leave.) If they need to work during this period, you can file an I-765 at the same time as the other forms to request a work authorization. (Ignore the fee on that form; it’s free if submitted with an I-485.)

Because your fiancé already has a student visa, before you go any further, contact USCIS to describe your case and ask for advice. Although adjusting status shouldn’t affect the validity of the student visa, you never know so it’s best to ask first.

Tip: You, the U.S. Citizen are the “petitioner”. Your non-U.S. Citizen fiancé is the “beneficiary”. That should help de-jargon some of the forms for you. :)

Good luck! Let me know if you have any questions and I’ll answer as best as I can.

I’m a Brit currently in the process of marrying the most beautiful person in the whole wide world, and we’re in the middle of dealing with the behemoth that is the U.S. immigration system.

Thank you. This was a lot of help.