Fiance Based Immigration

If you're in love and planning to marry someone who is not a U.S. citizen, the process can be overwhelming. The fiancé(e) visa, or K-1 visa, allows your partner to legally enter the U.S. so you can begin your life together without complications. But there are specific steps to follow, and mistakes can cause delays or denials.

What Is a Fiancé Visa?

The K-1 fiancé(e) visa is a temporary nonimmigrant visa that allows a U.S. citizen to bring their fiancé(e) to the United States for marriage. The couple must marry within 90 days of arrival. Once married, the non-citizen spouse can apply for a green card through adjustment of status.

Requirements:

• The sponsor must be a U.S. citizen.
• Both parties must be free to marry.
• They must have met in person within the last two years (some exceptions apply).
• The sponsor must show financial ability to support the fiancé.
• Provide evidence of a genuine relationship (photos, chats, travel, etc.).

Steps to Apply for a Fiancé Visa

1. Submit Form I-129F with required documents to USCIS.
2. Once approved, the case goes to the National Visa Center and then to a U.S. embassy or consulate abroad.
3. Your fiancé(e) completes Form DS-160 and attends a visa interview.
4. If approved, they can enter the U.S. and must marry within 90 days.

Frequently Asked Questions

What if my fiancé is already in the U.S.?

The K-1 visa is not applicable. Instead, consider a marriage-based visa like the K-3 visa if you're already married.

What happens if we don't marry within 90 days?

The visa expires, and your fiancé must leave the country. Staying beyond this period is considered unlawful and may lead to deportation. A waiver might be possible in rare cases.

Can children of the fiancé also come?

Yes. Children under 21 and unmarried can receive a K-2 visa and accompany the parent to the U.S.

Can we skip the in-person meeting requirement?

Only in exceptional situations, like extreme hardship or cultural restrictions, can the two-year in-person meeting be waived.

How long does the process take?

Processing typically takes 13 to 18 months. Well-prepared applications without errors may be processed sooner.

Common Issues with Fiancé Visa Applications

• Filing the wrong petition (e.g., applying for a marriage visa instead).
• Errors or omissions in Form I-129F or DS-160.
• Insufficient evidence of a genuine relationship.
• Failure to marry within 90 days of arrival.

To avoid delays and complications, many applicants choose to work with an immigration professional who can help ensure the process goes smoothly from start to finish.