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What are the Requirements for a Fiancé(e) Visa?
Contributor: Van T. Doan
A K-1 visa, also known as a fiancé(e) visa, allows a fiancé(e) of a U.S. citizen to enter the United States within 90 days before the couple’s marriage. A K-1 visa is a nonimmigrant visa. That means that, on its own, it does not allow the person holding the visa to remain in the United States as a permanent resident. However, if the planned marriage takes place within the required time, the visa holder can then petition for adjustment of status to become a lawful permanent resident—a green card holder.
A green card issued under these circumstances is initially conditional. It is valid for two years if the couple has been married for less than two years. Two years after the adjustment of status, the green card holder can have the conditions removed from their green card. A Petition to Remove Conditions must be filed within the 90-day window prior to the two-year anniversary that the conditional green card was granted. Late filing could result in the government initiating removal proceedings.
Once the conditions have been removed, a green card holder who is still married to their sponsoring U.S. citizen spouse will be eligible to petition to become a naturalized U.S. citizen three years after they initially received their conditional green card.
In other words, someone with a K-1 visa has a clear path to citizenship. But what are the requirements to get a fiancé(e) visa?
How to Get a K-1 Fiancé(e) Visa
For a fiancé(e), who is living abroad, the first step in the process for filing for a K-1 visa is to file a Form I-129F, Petition for Alien Fiancé(e), along with any supporting documents and the filing fee ($675 as of this writing, with a $50 discount if you file online). It usually takes between three and six months for approval.
USCIS may want confirmation that your relationship is genuine, and that you are not planning to marry solely for immigration purposes. There is, at minimum, a requirement that you have met your fiancé(e) in person at least once within the past two years, but if you have other proof of your relationship, like photos of you together, copies of letters, texts, or emails between you, or other proof that you have spent time together, you should provide it.
If your Form I-129F is approved by USCIS, the matter will be advanced to the National Visa Center. From there, it goes to the US embassy or consulate in the country where your fiancé(e) lives. You will then have to complete Form I-134, Affidavit of Support. That document shows that you have the financial means to sponsor your fiancé(e). In 2024, the minimum income requirement is $20,440 for a household of two, which is 100% of the Federal Poverty Guidelines income level for that household size. If you are also petitioning for your fiancé(e)’s children, the income requirement will be higher.
What Your Fiancé(e) Needs to Do
Once USCIS has approved your Form I-129 Petition for Alien Fiancé(e), your fiancé(e) will need to complete DS-160, Online Nonimmigrant Visa Application. This form is used for several types of nonimmigrant visas. While there is no filing fee for the form itself, there is a processing fee for the visa, which varies by type. The current processing fee for a K-1 visa is $265.
Your fiancé(e) will need to gather important documents such as their birth certificate, passport, police certificates from countries in which they have lived for over six months, and if previously married, divorce decrees or death certificates to show that the previous marriage(s) ended. They should also assemble any proof of their relationship with you.
Your fiancé(e) will have to undergo a medical exam with a physician who is authorized to perform exams for immigration purposes. There is usually a fee for such exams. The fee may vary, but is usually around $200. Your fiancé(e) will also have to schedule and attend an interview at the U.S. embassy or consulate in their country. At this interview, an officer will go over the visa application and interview your fiancé(e) to determine whether they are eligible for a visa.
If the visa is approved, your fiancé(e) will have six months in which to travel to the United States. The two of you must then be married within 90 days of their arrival in the country—and don’t forget that they must petition for adjustment of status once you are married.
Ensure the Process Goes Smoothly
Applying for a K-1 visa may sound simple, but around a quarter to a third of applications are denied for various reasons. To ensure that your forms are filled out completely and accurately, and that your fiancé(e) is adequately prepared for their interview, work with an experienced immigration attorney who regularly helps individuals and families with these issues.
To learn more and to get the help you need, contact us to schedule a consultation.
Categories: Immigration Law