What is a Fiancé Visa?

A fiancée visa, also known as a K-1 visa, allows U.S. citizens to bring their fiancée into the United States for the purposes of getting married. The couple must get married within 90 days from the day the foreign fiancé entered the United States. If the marriage doesn’t take place within the 90 days, the foreign fiancé must leave the United States. If the marriage does take place within the 90 days, then the foreign fiancé can apply for permanent residence (a “green card”) based on marriage.

What is the benefit of a fiancé visa?

The benefit of a fiancée visa is that it allows U.S. citizens to have their fiancée living with them in the United States. Although the 90 days limit can put stress on couples, 

What the requirements for a fiancé visa petition?

To start the process for a fiancée visa, the U.S. citizen files a form I-129F with USCIS. The requirements for a fiancée visa are:

  • Prove that there is a bona fide intention to marry within 90 days of the fiancé’s entry
  • No legal impediments to marriage
  • Have previously met in person within 2 years of filing petition (waivers available)
  • The U.S. citizen petitioner must provide a criminal record if any. 

Can my Fiancée’s Visa be denied?

Yes, which is very important that you consult with an experienced immigration attorney before you embark with this process. Denials can result in not only frustration, but it can also affect the relationship. Some of the circumstances where Fiance Visas can be denied are:

  • If marriage were not be legal, such as minors
  • Where the fiancé is inadmissible (waivers available)
  • Prior petitions for 2 or more fiancés and a previously approved petition was filed within 2 years. 
  • Petitioner has a record of violent criminal offences against a person

What happens after my fiancé’s Visa Petition is approved?

The next step is to begin the consular process in the home country of the foreign fiancé. Once USCIS approves your K-1 Petition, the approval is sent to the US Consulate in the home country of your foreign fiancé. A form DS-160 must be filed with the consulate. An interview is conducted, and if approved, your fiancé may enter the United States.

What if my fiancé were in deportation proceedings before?

If your fiancé was in deportation proceedings before, a fiancé visa may still be approved if your fiancé was granted Voluntary Departure. If your fiancé has a removal order, then a fiancé petition would be denied since a removal order bars them from entering the United States for a period of 10 years. 

What if my fiancé has minor children, Can they qualify too?

Yes, your fiancé’s children would accompany your fiancé if the K-1 Petition is approved. If approved, then they would qualify under a K-2 Petition. If your fiancé has minor children, their K-2 application must be filed together with the K-1. There are other requirements depending on the home country regarding minors being allowed to travel internationally if the other parent shares custody of the minor children. 

Fiancé Visas

What is a Fiancé Visa?

A fiancée visa, also known as a K-1 visa, allows U.S. citizens to bring their fiancée into the United States for the purposes of getting married. The couple must get married within 90 days from the day the foreign fiancé entered the United States. If the marriage doesn’t take place within the 90 days, the foreign fiancé must leave the United States. If the marriage does take place within the 90 days, then the foreign fiancé can apply for permanent residence (a “green card”) based on marriage.

What is the benefit of a fiancé visa?

The benefit of a fiancée visa is that it allows U.S. citizens to have their fiancée living with them in the United States. Although the 90 days limit can put stress on couples, 

What the requirements for a fiancé visa petition?

To start the process for a fiancée visa, the U.S. citizen files a form I-129F with USCIS. The requirements for a fiancée visa are:

  • Prove that there is a bona fide intention to marry within 90 days of the fiancé’s entry
  • No legal impediments to marriage
  • Have previously met in person within 2 years of filing petition (waivers available)
  • The U.S. citizen petitioner must provide a criminal record if any. 

Can my Fiancée’s Visa be denied?

Yes, which is very important that you consult with an experienced immigration attorney before you embark with this process. Denials can result in not only frustration, but it can also affect the relationship. Some of the circumstances where Fiance Visas can be denied are:

  • If marriage were not be legal, such as minors
  • Where the fiancé is inadmissible (waivers available)
  • Prior petitions for 2 or more fiancés and a previously approved petition was filed within 2 years. 
  • Petitioner has a record of violent criminal offences against a person

What happens after my fiancé’s Visa Petition is approved?

The next step is to begin the consular process in the home country of the foreign fiancé. Once USCIS approves your K-1 Petition, the approval is sent to the US Consulate in the home country of your foreign fiancé. A form DS-160 must be filed with the consulate. An interview is conducted, and if approved, your fiancé may enter the United States.

What if my fiancé were in deportation proceedings before?

If your fiancé was in deportation proceedings before, a fiancé visa may still be approved if your fiancé was granted Voluntary Departure. If your fiancé has a removal order, then a fiancé petition would be denied since a removal order bars them from entering the United States for a period of 10 years. 

What if my fiancé has minor children, Can they qualify too?

Yes, your fiancé’s children would accompany your fiancé if the K-1 Petition is approved. If approved, then they would qualify under a K-2 Petition. If your fiancé has minor children, their K-2 application must be filed together with the K-1. There are other requirements depending on the home country regarding minors being allowed to travel internationally if the other parent shares custody of the minor children.