What is the Fiancé Visa?

The Fiancé (K-1) visa is a powerful tool that allows U.S. citizens to bring their foreign fiancé(e)s to the United States with the intention of getting married. Understanding the eligibility criteria and requirements is crucial to ensure a successful application process. Here, I break down the essentials for you.

Eligibility Criteria

1. U.S. Citizenship of the Petitioner: The petitioner must be a U.S. citizen. Permanent residents (green card holders) are not eligible to sponsor a fiancé(e) for a K-1 visa.

2. Legitimate Relationship: The petitioner and the foreign fiancé(e) must have a bona fide relationship. This means proving that your relationship is genuine and not solely for immigration purposes. 

3. In-Person Meeting Requirement: The couple must have met in person at least once within the two years before filing the petition. Exceptions to this rule are rare and typically require demonstrating extreme hardship or cultural/social customs that prohibit such meetings.

4. Intent to Marry: Both parties must show clear intent to marry within 90 days of the fiancé(e)’s entry into the U.S. 

Documentation Requirements

1. Form I-129F, Petition for Alien Fiancé(e): The process begins with the U.S. citizen petitioner filing Form I-129F with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the petitioner’s intent and eligibility.

2. Evidence of U.S. Citizenship: Typically, a copy of the petitioner’s U.S. passport, birth certificate, or certificate of naturalization as proof of citizenship is sufficient.

3. Proof of Relationship: Evidence such as photographs together, communication logs (emails, chat records), travel itineraries, and affidavits from people who know you as a couple.

4. Evidence of In-Person Meeting: This is often shown through travel itineraries, passport stamps, and photos to prove that you met in person within the last two years.

5. Intent to Marry: Documents like wedding plans, venue reservations, or statements from both parties affirming their intention to marry within 90 days of entry.

Application Process

1. Filing Form I-129F: The petitioner submits Form I-129F to USCIS along with the required documentation. Once approved, USCIS sends the petition to the National Visa Center (NVC) for further processing.

2. Consular Processing: The foreign fiancé(e) will then apply for the K-1 visa at a U.S. embassy or consulate in their home country. This step involves submitting additional documents, attending a medical examination, and going through an interview.

3. Visa Interview: The consular officer will interview the fiancé(e) to determine the legitimacy of the relationship and the eligibility for the visa. It’s crucial to prepare thoroughly for this interview by reviewing your relationship details and having all required documentation ready.

4. Entry to the U.S. and Marriage: Upon receiving the K-1 visa, the fiancé(e) can travel to the U.S. The couple must marry within 90 days of entry. After marriage, the foreign spouse can apply for adjustment of status to become a permanent resident (green card holder).

Conclusion

Navigating the K-1 visa process can seem daunting, but understanding the eligibility criteria and requirements is the first step toward success. By carefully preparing and gathering the necessary documentation, you can increase your chances of a smooth and successful application process.

Next Steps

For personalized assistance and expert guidance throughout your K-1 visa journey, contact an experienced immigration attorney today. We are here to help you every step of the way. Let us help you bring your fiancé(e) to the United States and start your life together!