Also known as the K1 visa, the fiancé visa doesn’t give the receive leave to become a resident of the United States. Instead, they can live in the country for 90 days. After the duration ends, they must marry the person who – should be a US citizen — petitioned on their behalf. Only then they can apply for a green card and receive legal residency.
However, the K1 visa isn’t the only way a US citizen may bring their loved one to the country. If they are already married, they may apply for the marriage visa, instead.
Fiancé Visa Requirements
Both the petitioner and the fiancé must fit these criteria to apply for the K1 visa:
- They can legally marry and do so before the period of 90 days lapses
- Have met in person at least two years before they filed for the visa
Since the petitioner will be supporting their beloved financially, they can only get a K1 Visa if their income meets the set standards.
K1 Fiancé Visa Process
Below, we describe the steps involved in applying for a fiancé visa:
File form I-129 Petition for Fiancé
The process begins when the petitioner files Form I-129F with the USCIS along with other documents, including:
- Proof that they are legally a U.S. citizen, they have met their fiancé before, can legally marry, and will marry
- Recent passport-style pictures of themselves and their fiancé
- USCIS fees
Once approved, the USCIS will send the file to the DOS National Visa Center (NVC). Usually, it takes the DOS NVC a month to inform the petitioner’s fiancé that their I-129F fiancé sponsorship form is approved.
Complete the Visa Application
After that, the fiancé must fill the DS-160 form or the visa application online. They will attach the following to the form:
- Two photos
- Birth certificate
- Medical exam results (unopened)
- An affidavit of support from their fiancé (Form I-134)
- The fiancé’s tax returns
- Copy of the I-129F package
Attend Your Interview
When the consulate in the fiancé’s country contacts them, they will get the date for the interview. They must bring the application along.
Enter the United States
Pending on approval after the interview, the fiancé may enter the US within six months of its issuance. If they miss the window, re-registration is possible.
Once in the country, they must marry the petitioner within 90 days.
Apply for Adjustment of Status (Optional)
If interested, the K1 or fiancé can apply for adjustment of status via submission of Form I-485 after they are married. This begins the process for their permanent residency.
What About the Fiancé’s Children?
The children can apply for K2 visas and join their parent within a year of the K1 visa issuance – or come with them. They’ll need separate immigrant visa petitions if they miss the one-year-long window.
Can the Fiancé Work in the U.S.?
For that, the fiancé will have to apply and get approved for a work permit. Filing a completed Form I-765, along with the fee, two photos, and proof of visa can take care of that. The USCIS will give them an Employment Authorization Document (EAD). Whether it is approved in time or not, both the EAD and K1 visa will expire at the same time.
What Happens if You Fail to Marry Within 90 Days?
K1 Visa Requirements stipulate that you must marry in that time. If that doesn’t happen, the fiancé must leave the country. Not doing so would mean they are breaking the immigration law.
Contact Attorney Eric Price Today!
Want to know about the K1 Visa Cost and other relevant details? Would you like to increase your chances of success by filing everything correctly the first time? Then get in touch with Eric Price immediately!