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Fiancée Visa FAQs

Below are a number of frequently asked questions by our clients and prospective clients. If you have a question or concern that is not addressed below, and you are thinking about hiring us, feel free to contact us and we will be happy to answer any other questions you may have.

How to apply for a fiancé visa?

To apply for a fiancé visa, you need to start by filing Form I-129F with USCIS. Once your petition is approved, it will be sent to the National Visa Center (NVC) and then forwarded to the U.S. Embassy or Consulate where your fiancé will apply for the K-1 visa. Your fiancé will then attend an interview, undergo a medical examination, and if everything is in order, the visa will be issued, allowing your fiancé to enter the U.S. and marry you within 90 days.

What documents are needed for a fiancé visa?

To apply for a fiancé visa, you'll need to submit several important documents, including Form I-129F (Petition for Alien Fiancé), proof of U.S. citizenship for the petitioner, evidence of a genuine relationship such as photos and correspondence, proof of meeting in person within the last two years, statements of intent to marry within 90 days of the fiancé’s arrival in the U.S., passport-style photos of both the petitioner and the fiancé, and the required filing fee.

How long does a fiancé visa take?

The process for obtaining a fiancé visa typically takes around 3 to 7 months from the time you file the petition until the visa is approved. This K-1 fiance visa timeline can vary based on the caseload of the USCIS and the U.S. Embassy or Consulate handling the case.

Can my fiancé visit while waiting for K-1 visa?

Yes, your fiancé can visit you in the U.S. while waiting for the K-1 visa, but they must obtain a tourist visa and demonstrate that they intend to return to their home country after their visit. It is important to show strong ties to their home country to avoid any issues at the port of entry.

Can you work on a fiancé visa?

Yes. Once they enter the United States on a K1 Fiancee Visa, they may immediately apply for a Work Authorization Permit. However, since the foreign fiancee must re-apply for a Work Permit after the filing of an adjustment of status (which is required after the marriage), we generally recommend waiting until after the marriage takes place.

Once approved, how long is the I-129F Petition valid for and what happens if it expires before the fiancee’s K1 Visa interview?

Approved I-129F Petitions are valid for four months. Once they expire, they may be re-validated by a Consular Officer at the US Embassy of record prior to the interview.

Once the K1 Visa is issued, how long does the fiancee have to enter the United States?

A K1 Fiancee Visa is valid for a period of six months and, generally, may only be used for one entry into the United States. However, in certain extreme hardship cases we have had client’s k1 visas extended and even re-issued after entry to the United States has occurred.

Can the Foreign Fiancee’s children come to the United States prior to the marriage?

Yes. The children are eligible for K2 Visas which would allow them to accompany the Fiancee or follow the Fiancee within 6 months of visa issuance. If the children do not apply for a K2 Visa, they may also be eligible for a K2 Visa after the Fiancee is married as long as the children apply within 1 year of the Fiancee’s Visa issuance.

Can U.S. Citizens apply for more than one I-129F Petition?

Under the Immigration Marriage Brokers Act of 2005, U.S. Citizens are only permitted to file up to two (2) Petitions. In addition, the second petition must be at least 2 years from the time that the first petition was filed. However, if one of the marriages from a prior K1 Visa does not take place and the foreign fiancee never came to the U.S. or leaves the U.S., the U.S. Citizen may be permitted to petition for the same fiancee or another one in the future (even if they filed 2 petitions) by requesting a waiver. While waivers are never guaranteed, this firm has had several successful ones under the above circumstances.

Is the Visa issued immediately following the embassy interview?

Each embassy has its own unique procedures. Some issue the Visa on the same day and others process it within a few weeks and have it mailed by courier. For more on this, click here: K1 Fiancee Visa Processing Times.

Can a Permanent Resident use the K1 Visa Procedure?

No. Unfortunately, this benefit is only available to U.S. Citizens and you must be a U.S. Citizen to be eligible to file for a K1 Visa Petition.

How much is a fiancé visa?

The following costs are associated with the filing of a K1 Visa: I-129F Petition Fee-$675; Medical Exam Fee-$150-$250 depending upon country; US Embassy Processing Fee-$265.00. For more information visit: Fiancée Visa Attorney Fees.

What are the government fees for filing for the Green Card, Travel, and Work Permits after the marriage in the U.S.?

The following USCIS costs are associated with the filing of the Foreign Fiancee’s Green Card, Work, and Travel Permit-$1225.00 for the Foreign Fiancee and each K2 child over the age of 14, and for K2 children under 14-$750.00.

Should I get a Fiance Visa or a Spousal Visa?

Choosing between a Fiancée Visa (K-1) and a Spousal Visa (CR-1 or IR-1) depends on your situation. A Fiancée Visa allows quicker entry to the U.S. for marriage but requires an additional step to obtain a Green Card. A Spousal Visa takes longer but grants permanent resident status upon arrival, allowing immediate work authorization. For more details visit: Fiancée Visa vs. Spousal Visa

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