Fiancé Visa Basics
What is A Fiancé Visa?
A Fiancé Visa (officially known as a K-1 Visa or Fiance Visa) is a non-immigrant visa that allows the foreign fiancé of a United States Citizen to enter the United States for the sole purpose of getting married. They are generally considered the quickest way to legally bring a foreign fiancé to the U.S. with the intention of marriage and immigration. There are a few requirements and steps you should know before applying, however, an experienced fiance visa attorney can work with you throughout the process and ensure you get your Fiance Visa as soon as possible.
Fiancé Visa Requirements
Generally, to qualify for a K-1 Visa petition filing and the eventual issuance of the K1 Visa:
The petitioner must be a U.S. Citizen.
Non-U.S. citizens are ineligible to petition on behalf of their foreign fiancees for a K-1 Visa. If you are a Legal Permanent Resident (Green Card holder) or a U.S. Citizen that is already married, please click here for more information on how to bring a foreign spouse to the United States: Spouse Visas;
Both parties must be free and able to marry.
This means any prior marriages have been terminated by annulment, divorce or death. Both parties must also be of legal age to marry or meet specific state law exceptions.
The petitioner is limited to the number of times they may file an I-129F petition.
A U.S. Citizen may only file one k1 petition (also known as the I-129F petition) within any two year period and is limited to a total of two I-129F petition filings in their lifetime, unless a waiver is granted;
The “bonafides” or authenticity of the relationship must be properly documented and demonstrated.
Items demonstrating this may include, but are not limited to, photos of the couple together and with friends and family members, communications, travel evidence, engagement or wedding plans, etc.
The couple must have met at least once in-person within two years prior to the K-1 Visa petition filing.
At least one in-person meeting between the couple must take place within two years prior to the filing. While there are in-person meeting waivers granted by the USCIS, they are extremely difficult to obtain and must meet very strict requirements.
The couple must express their intentions to marry each other.
Each partner must sign a document affirming their intent to marry within 90 days of the foreign fiancé's arrival in the U.S.;
No arrests or convictions for specific crimes.
The U.S. Citizen and / or fiancee can’t have specific types of crimes on their records (including ones “expunged” or where they are told the record “no longer exists”) that could render them ineligible to petition or to apply for the K1 Visa;
The petitioners must meet a minimum level of income.
The U.S. Citizen sponsor must meet statutory income requirements based upon their personal income on recent tax returns equaling at least 125% of the Federal Poverty Guidelines. They may also use certain assets to offset any deficiencies in income. A joint sponsor may be used as well if the sponsor cannot meet this requirement on their own.
What Are The Necessary Steps To Get A Fiance Visa?
There are two major steps to get a K-1 Visa for the United States:
1. I-129F Petition Filing at USCIS
The first step involves the filing of an I-129F Petition by the U.S. Citizen (also known as the “Petitioner”) on behalf of the foreign citizen fiancé (also known as the “Beneficiary”). This petition is filed with the United States Citizenship and Immigration Services (USCIS).
It must be sent to the appropriate USCIS mail distribution center which is currently the Dallas, Texas lockbox. Once it is received, it is forwarded to the appropriate USCIS Service Center for further processing. Currently, the vast majority of I-129F petitions are sent to and adjudicated out of the United States Citizenship and Immigration Services (USCIS) California Service Center.
2. US Embassy Processing and Issuance of the Fiancee Visa
Once the USCIS has approved the I-129F Petition, the second step involves the filing of the foreign K1 Visa application, which includes several forms, evidence of a bonafide relationship, a medical examination, police and security clearances, an affidavit of support, other evidence, the foreign fiancee’s interview with a consular officer and the eventual issuance of the K-1 Visa at his or her country’s U.S. Embassy or Consulate.
How Long Does A K-1 Visa Take?
In order to determine how long it takes to get a Fiancee Visa, you would simply add the estimated time it takes to get the I-129F Petition approved at the USCIS, the National Visa Center, and the estimated time to have the visa issued at the US Embassy abroad.
You can learn more about specific times by clicking here: K-1 Visa Processing Times. With our firm's specialized expertise with Fiancé Visas, we ensure expedited preparation and processing for your case.
How A K-1 Visa Works When Issued
The foreign fiancé is free to enter the United States once a valid K-1 Visa is issued. The K1 Visa is valid for a 6 month period and good for one entry into the United States. Once the foreign fiancee enters the United States., the marriage between the U.S. Citizen and the Foreign fiancé must take place within 90 days of the foreign fiancee’s entry.
If the foreign fiancé does not marry the U.S. Citizen within 90 days, or if he or she marries someone other than the U.S. Citizen Petitioner, the foreign fiancee must leave the United States after 90 days.
Get Expert Guidance For Your Visa Petition
Solomon Immigration Law is the oldest and largest virtual law firm in the world exclusively devoted to assisting couples through obtaining U.S. fiancee visas, spouse visas, and marriage green cards.
Navigating your visa petition process without the guidance of an experienced marriage-based immigration attorney can lead to unnecessary delays, potential pitfalls in consular processing, and even irreparable denial. With our dedicated focus on fiance visa petitions, spouse visa petitions, and green cards by marriage, backed by a wealth of experience handling over 10,000 marriage-based immigration cases, we ensure quick, seamless navigation of the intricate paperwork and procedures.
From filing all necessary documentation to providing unwavering support at every stage of the process, our specialized marriage-based law practice is committed to guiding you through your marriage-based immigration journey with expertise, professionalism, and care. Reach out today for your free initial consultation.
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Frequently Asked Questions About The K-1 Fiancé Visa
Are K-1 fiancé Visas ever issued to couples who have not met in person?
There are extraordinary and extremely limited circumstances in which I-129F petitions are approved and Fiancee Visas have been issued to couples who have never met in person.
For example, Fiancee Visas may be issued under rare instances where a couple has not met in person if the petitioner has a severe medical condition that makes it virtually impossible for them to travel. In this case, the petition would require that a waiver of the in-person meeting be requested and granted.
Can K1 Visas be extended or renewed after the initial 90 days of entry if there is no marriage?
No. If there is no marriage within the 90 days of entry, there are only two legal options: 1. If the couple still wish to marry, they could still marry each other but must then file an additional petition at the time of the filing for the adjustment of status to a marriage green card. 2. If the U.S. Citizen and fiancee have decided they will not marry at any time in the future, the foreign fiancé must leave the country immediately.
If the foreign fiancee leaves the country, they may not re-enter the U.S. again under the same U.S. fiance Visa. They may, however, re-enter the U.S. after approval of a completely new K-1 Visa by starting the entire process again with the same Petitioner or a new Petitioner.
Can I work with a K-1 Fiancé Visa?
Yes, after you marry you can apply for a work permit by completing Form I-765 (Application for Employment Authorization) at the same time you file your I-485 Form (adjustment to Legal Permanent Resident status aka the “green card”). Once issued, your work authorization is valid for a maximum period of 5 years or until your marriage green card is issued. Once the green card is issued you no longer require a work permit to work. If you have additional questions reach out to an experienced immigration lawyer for more detailed answers.
Can I travel once I enter the United States with a K-1 Fiancé Visa?
You may travel within the United States after you enter. However, you may not leave the United States until after you marry, apply for, and receive, a travel permit by completing Form I-131 (Application for Advance Parole) at the same time you file your I-485 Form (adjustment to Legal Permanent Resident status aka the “green card”).
Once issued, your travel authorization is normally valid for a period of 1-2 years, unless it is issued a “combo card” (with work permit) and may be renewed until your marriage green card is issued. Once the green card is issued you no longer require a travel permit to re-enter the United States.
Can same-sex couples apply for a Fiance Visa?
Yes, same-sex couples can apply for a Fiancé Visa (K-1 Visa) to the United States. The process is the same as for opposite-sex couples. As long as the couple meets the eligibility requirements and can provide evidence of a genuine relationship, they can apply for a Fiancé Visa regardless of their sexual orientation.
What are the most common reasons a K1 Fiance Visa might get denied?
K-1 Fiancé Visa applications undergo a thorough examination, which could result in denial for various reasons. Common causes include incomplete or incorrect documentation, medical or criminal issues, poor interview experiences, or insufficient evidence of a genuine relationship.
Discrepancies in provided information or not being able to meet or exceed the income requirements (or not presenting them properly) can also lead to denial, as can failure to resolve previous marriages. All of the above emphasizes the need for visa applicants for meticulous preparation and adherence to legal requirements with the assistance of an experienced marriage visa lawyer to improve your chances of success.