A 'Fiancé Visa' is a visa that allows the fiancé(e) of an American Citizen travel to the USA for a period of 90 days for the purpose of marrying a US Citizen and immigrating to the USA. If the US Citizen 'Petitioner' marries the foreign citizen 'Beneficiary' during those 90 days, the now spouse is eligible to remain in the USA and apply for the Green Card.Fiancé(e) Visa Requirements
To qualify for the K1 Fiancé Visa, you must meet the following requirements:
- You are a US Citizen.
- Currently, the K1 Visa is only available to US Citizens. If you are a permanent resident, you may file for a marriage visa (CR1 spousal visa) as an alternative.
- You have met in person
- You must have seen your fiancé(e) in person within the past two years. Seeing them on video, or communicating regularly doesn’t satisfy this requirement. You should take pictures together to prove this meeting. In most cases, you will be required to go to their country as it is very difficult for a foreign citizen to get a B2 visitor visa.
- You are both free to marry
- Being free to marry means that you are either single, divorced, or widowed. If your divorce is pending, you cannot file the K1 fiancé visa application until it is finalized.
- You can support your fiancé in the United States
- You must meet the federal poverty guidelines to show that you can support your fiancé. In many US Embassies, you can use a cosponsor and/or other assets to meet the requirements.
- You have no major criminal history
- When applying for a fiancé visa, they are going to look at your criminal history. If you have committed serious crimes or have more than three drug or alcohol related offenses, a waiver will be required. An experienced fiancé visa attorney can help overcome these issues.
Once you hire our fiancé visa lawyer Deron Smallcomb, you will be assigned to the caseworker most familiar with your fiancé’s country, and in many cases one that speaks the same language as your fiancé.
We will give you and your fiancé access to our secure website where you can enter your basic information and upload the documents we require.
Once we have collected the information required for your fiancé visa, we will complete all of the forms and send them to a supervisor for review.
We then send you the fiancé visa forms for signature. You will sign them and return them to our office with the $535 fee for Homeland Security.
Once received, our team will compile your K1 visa petition on send it to the immigration attorney for review and signature. We then file your fiancé visa petition with USCIS.Fiancé Visa Wait Times
To summarize, the total K1 visa processing time, from start-to-finish, is about 8 months. The fiancé visa wait times are broken down below:
Once we file your K1 petition with USCIS, you can expect about short wait of about 1-3 weeks until you receive the receipt notice and case number.
4-7 months after receiving the receipt notice, you will be receiving the approval notice from USCIS.
USCIS then transfer your K1 petition to the National Visa Center (NVC) for approval and transfer to the US Embassy in the country of your fiancé.
At that point, our team will begin working on the fiancée visa forms for the US Embassy. These forms include the I-134 Affidavit of Support and the DS-160.
About 1-2 months after the USCIS K1 visa approval, the US Embassy will contact your fiancée to schedule the interview. You will typically need to pay the K1 visa issuance fee of $265 prior to the interview.
Once the fiancée visa interview is scheduled, your fiancée will need a medical exam. The estimated cost of this exam is $250-$350.Fiancée Visa Interview
Once you have had the medical and we have prepared all the K1 forms, your fiancé will have their actual interview at the US Embassy. The interview consists of the US Consular Officer reviewing all of the documents we have prepared for you, evidence that supports your relationship, and your fiancé will be asked questions about the legitimacy of your relationship. While it doesn’t hurt for the US citizen to attend this interview, it is not required.
If the consular officer is satisfied with the answers to the K1 visa questions, the visa will be granted. It is typically received by your fiancé within 5-10 days following the fiancé visa interview.After K1 Fiancée Visa Approval
Once your fiancé has their visa, they are free to travel to the United States. They must use their K1 visa within 6 months of it being issued. Once they use it to come into the United States, you then have a period of 90 days to marry. Once married, your fiancé is eligible to become a Permanent Resident, also known as a Green Card holder. You must apply for Adjustment of Status to obtain the Green Card. We can help you with that process as well.Additional Fiancé Visa Video Information