Fiance visa 

The K-1 visa is often referred to as a fiance visa.  Only a US citizen can bring a foreign fiance to the US on an immigrant visa.Petitioning a forein fiance(e) is not possible for green card holders, they have to get married and use a different kind of form for their foreign spouse.

The K-1 process goes as follows:

  1. A US citizen submits to the USCIS a I-129F petition and documents supporting the relationship.
  2. Once approved, Form I-129F is sent to the US Consulate or Embassy in the residence country of the foreign fiance(e)
  3. The foreign fiance(e) files a fiance visa application and undergoes a medical examination
  4. The foreign fiance(e) attends an interview at the US Consulate or Embassy which will issue a visa
  5. Within 90 days upon arrival to the US, the foreign firance(e) and the US citizen shall get legally married. Otherwise, the foreign fiance(e) has to leave the US
  6. Once married to a US citizen, a foreign spouse is entitled to apply for a green card.

Useful facts about K-1 visa

  • The planned marriage is between a US citizen and a foreign fiance(e).
  • The couple can prove that they have met in person in the past two years. 
  • Both are not married (single or divorced)
  • The US citizen meets minimum income requirements 
  • If the foreign fiance(e) has children from previous relationships, they can also immigrate, but they have to be younger than 21 years old. 

Processing time for a fiance visa is 8 – 10 months.

You will need an immigration lawyer for the fiance petition if:

  • Either the US citizen or the fiance(e) has past criminal records
  • The foreign fiance(e) in the past had already obtained another fiance(e) visa 
  • The foreign fiance(e) has violated some US immigration rules in the past
  • The foreign firance(e) has a child who will turn 21 during the application process, thus may risk losing eligibility to immigrate with the parent.