Chapter 06 · Topic 06.6 · Spouse / Family
Verified fact: the K-1 fiancé(e) visa starts with Form I-129F filed by the U.S.-citizen partner; after approval and the Montreal consular stage, the Canadian enters on the K-1 and the couple MUST marry within 90 days of that entry, then file for adjustment of status to permanent residence. No marriage within the window, no extension: departure is the design. Source: USCIS, Visas for Fiancé(e)s of U.S. Citizens (I-129F, 90-day rule), uscis.gov, consulted June 11, 2026.
K-1 (fiancé(e) of U.S. citizen) visa for Canadians
The K-1 lets a Canadian fiancé enter the U.S. to marry a U.S. citizen within 90 days. I-129F → Canadian US consulate (by province of residence) → AOS → conditional CR-1 (marriage < 2 yrs) or unconditional IR-1 green card.
Direct answer · 60-second summary
The 60-second version
The K-1 fiancé(e) visa lets a Canadian fiancé enter the United States to marry within 90 days a U.S. citizen. Process: (1) the U.S. citizen files Form I-129F with USCIS, (2) after approval, USCIS forwards to the National Visa Center then to the U.S. consulate serving the Canadian's province of residence, (3) consular interview with DS-160 and medical exam, (4) U.S. entry on K-1, (5) marriage within 90 days, (6) file Form I-485 (Adjustment of Status) for conditional (CR-1) or unconditional (IR-1) green card depending on marriage length. Typical total timeline: 12 to 18 months. Total cost: about USD 2,000 to 3,500 (without attorney). Key requirement: met in person within 2 years before petition.
Acronyms used in this guide
USCIS: U.S. Citizenship and Immigration Services. DOS: U.S. Department of State. I-129F: Petition for Alien Fiancé(e). I-485: Application to Register Permanent Residence (Adjustment of Status). I-751: Petition to Remove Conditions on Residence (CR-1 -> IR-1). I-131: Application for Travel Document (Advance Parole, Re-entry Permit). I-765: Application for Employment Authorization (EAD). EAD: Employment Authorization Document. DS-160: Online Nonimmigrant Visa Application. POE: Port of Entry. I-94: Arrival/Departure record kept by CBP for nonimmigrants. K-1: Fiancé(e) of US Citizen visa. CR-1: Conditional Resident spouse (marriage < 2 years). IR-1: Immediate Relative spouse (marriage >= 2 years). AOS: Adjustment of Status (in-US, no consulate). CSPA: Child Status Protection Act. LPR: Lawful Permanent Resident. PR: Permanent Resident (green card holder). NVC: National Visa Center.
Eligibility requirements
Petitioner = U.S. citizen (not a green card holder). For LPR, see CR-1/IR-1. Beneficiary = Canadian (or other foreign) citizen. Both free to marry: single, divorced (final decree), or widowed (death certificate). Met in person within 2 years before filing I-129F: strict rule. Narrow exemptions: (a) strict cultural/religious custom, (b) extreme hardship. Otherwise, in-person meeting required. Bona fide intent to marry within 90 days of U.S. entry. No inadmissibility: criminal record, prior fraud, drug dependence, communicable disease. Affidavit of Support (Form I-134): petitioner must show ability to financially support (typically 125% of federal poverty guideline for household size).
Step 1: Form I-129F (Petition for Alien Fiancé(e))
The U.S. citizen files Form I-129F with USCIS, with:
Filing fee: USD 675 (04/01/2024 fee schedule: verify latest USCIS edition). Proof of U.S. citizenship (passport, birth certificate, naturalization certificate). Proof of in-person meeting within 2 years: dated photos, plane tickets, hotel receipts, passport stamps. Proof of bona fide relationship: correspondence (emails, texts, letters), shared photos, family/friend testimonials, wedding plans. Signed statements from both fiancés expressing intent to marry within 90 days. Proof that prior marriages are legally terminated (divorce decree, death certificate). Passport-style photos (two per person).
Current USCIS processing time: 10 to 20 months depending on service center, check egov.uscis.gov/processing-times.
Step 2: Consular processing at your Canadian US consulate
After USCIS approval, the file goes to the National Visa Center, then to the U.S. consulate that serves the fiancé's Canadian province of residence.
Canada has 6 US consular posts, Canadians apply to the one serving their province of residence, not necessarily Montréal: Montréal (QC/NU), Toronto (ON), Vancouver (BC/YT), Calgary (AB/SK/MB/NT), Halifax (NB/NS/PE/NL), Québec City (parts of QC). Confirm your jurisdiction and book appointments at ca.usembassy.gov.
Form DS-160 online: nonimmigrant visa application (complete before interview). MRV visa fee: USD 265 (2025-2026 K-1 fee). Medical exam by an authorized panel physician. List at ca.usembassy.gov. Cost: CAD 350 to 700 depending on clinic. Consular interview at the US consulate for your province:
- Documents: Canadian passport valid ≥ 6 months past entry, original I-797 (I-129F approval), birth certificates, prior marriage(s) and divorce(s), proof of relationship, photos, medical exam, petitioner Form I-134 with employer letter and tax transcript. Typical questions: where did you meet? when is the wedding? how have you stayed in touch?. Decision same day or within 2-3 days (administrative processing possible).
- K-1 issued: visa stamp in passport, valid 6 months for single entry.
Step 3: U.S. entry and marriage
Entry at POE on K-1: CBP typically admits for 90 days, recorded on electronic I-94. Marriage within 90 days: strict rule. Without marriage, the K-1 must leave (no extension). No marriage to anyone else: K-1 is exclusively for marriage to the I-129F petitioner. After marriage, immediately file Form I-485 (Adjustment of Status) with USCIS for the green card. Fee: USD 1,440 (2024 edition) + USD 575 if Form I-765 EAD desired (often included at no extra cost since 2024).
Caution
Travelling outside the U.S. between K-1 entry and I-485 approval = abandons the application, unless approved Advance Parole (Form I-131) is granted. Do not leave the U.S. without Advance Parole.
Status after marriage: CR-1 or IR-1
CR-1 (Conditional Resident): if marriage occurred less than 2 years before USCIS approves I-485. Green card valid 2 years. To make permanent, file Form I-751 (Petition to Remove Conditions) within the 90 days before expiration. U.S. spouse must co-sign. IR-1 (Immediate Relative): if marriage occurred 2 years or more before USCIS approves I-485. Green card valid 10 years, renewable. No I-751 required. Naturalization: 3 years after green card if still married to U.S. citizen. Otherwise 5 years (see naturalization article).
K-1 children: K-2 status
Unmarried children of the K-1, under 21, may accompany or follow on K-2. The U.S. petitioner must name them on the I-129F. They must do their own consular interview (child DS-160). After parent's marriage and AOS, they file their own I-485. If the child turns 21 mid-process, the Child Status Protection Act (CSPA) may freeze the age.
Pitfalls to avoid
WhatsApp screenshots are not enough: USCIS and the consulate want dated photos, varied locations, witness statements. "Internet-only meeting" = near-certain refusal. In-person meeting is mandatory. Insufficient relationship evidence: USCIS RFE (Request for Evidence) delays the file by 6 months. Non-final divorce decree: if on appeal or pending, refusal. Marriage outside the U.S. on K-1: improper, K-1 is for marriage in the U.S. only. If you marry abroad, you become a spouse, not a fiancé: needs CR-1/IR-1 instead. Travel without Advance Parole between I-485 and green card = abandons AOS.
Official forms (always use the latest edition)
Reader responsibility
Always download the latest edition of the form from the official site cited below. An expired edition can be rejected by USCIS, DOS or IRS. CanadaFlorida is not a substitute for a licensed attorney.
Form I-129F: Petition for Alien Fiancé(e). Form I-485: Adjustment of Status. Form I-134: Affidavit of Support (NIV). Form I-751: Remove Conditions on Residence. Form I-131: Advance Parole. DS-160: Online Nonimmigrant Visa Application. US Consulate Montréal: fiancé visa.
A worked example: Gatineau to Sarasota by the K-1 clock, 2026-27
Mélanie of Gatineau and Tom of Sarasota choose the K-1 over a marriage abroad. Tom files the I-129F with relationship proof (visits, photos, correspondence, the in-person-meeting-within-two-years evidence). After USCIS approval the file moves through the NVC to Montreal: DS-160, medical exam with the panel physician, police certificate, interview. She lands in Tampa on the K-1; the 90-day clock starts at the airport. They marry in week six, then file the adjustment package (I-485, with work and travel permits as desired) and she stays through processing. Typical range: government fees across I-129F, the consular K visa, and adjustment commonly total in the low four figures USD in mid-2026 schedules, before the medical exam; end-to-end timelines have commonly run on the order of a year and more, varying with service-center and consular load: the current processing-times pages are the only live answer, consulted June 11, 2026.
Opinion: couples pick K-1 for the wedding-in-America picture and underweight its constraint: the 90-day clock plus the adjustment wait pins the new spouse to the U.S. while travel permission processes. Marrying in Canada and filing the spousal route is often calmer for snowbird families; choose the lane for the year you want to live, not the ceremony photo.
Who controls what
| Stage | Federal US | Canada side |
|---|---|---|
| Petition (I-129F) | USCIS adjudicates the relationship evidence | No role |
| Visa issuance | State Department: Montreal consulate interview | Police certificates and civil documents from Canadian authorities |
| After entry | Marriage within 90 days, then USCIS adjustment of status | Provincial marriage law is irrelevant: the wedding happens stateside |
Common mistakes
Treating the 90 days as flexible. The window neither extends nor forgives; an unmarried day 91 is a status problem, not a paperwork detail. Entering as a visitor to marry instead. Preconceived-intent questions poison adjustment files; the K-1 exists precisely to do this honestly. Booking travel during adjustment. Leaving without advance parole abandons the application; the new spouse is grounded until permits arrive. Thin meeting evidence. The in-person-meeting requirement wants documents, not declarations; build the file like the officer reads it. Ignoring the income test. The support affidavits carry published thresholds; a shortfall needs a joint sponsor planned before the interview.
The K-1 checklist
- Assemble relationship and in-person-meeting evidence before filing the I-129F.
- Track the petition, then prepare the Montreal stage: DS-160, medical, police certificate.
- Plan the wedding inside the 90-day window, with margin.
- File adjustment promptly after the marriage, with work and travel permits as needed.
- Hold all U.S. exits until advance parole exists.
- Budget the fee stack and the support-affidavit thresholds at current published rates.
Frequently asked questions
How long does the K-1 take end to end?
Commonly on the order of a year and more in recent practice, moving with agency load; the USCIS and State processing-times pages are the only current answer.
Can we marry in Canada instead and skip all this?
Yes: marrying first and filing the spousal immigrant route is the standard alternative, often simpler for couples already living the cross-border rhythm.
What if we don't marry within 90 days?
The K-1 admits for one purpose; without the marriage the status ends and departure is expected. There is no extension to request.
Can my fiancée work right after arriving?
Work authorization comes with the adjustment package after the marriage in practice; budget for months without U.S. income.
Does the K-1 lead to the green card automatically?
No: the marriage plus the adjustment filing do; the K-1 is the doorway, not the destination.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
Disclaimer
This guide is for educational purpose only. Figures, rates, thresholds, timelines and rules are drawn from public sources at the date shown and may change.
For any concrete decision, consult a licensed US immigration attorney and a cross-border tax attorney.