How to Apply for Fiancé(e) Visa

A picture of my husband and I behind the big red heart booth.

Introduction

• Purpose of the fiancé(e) visa (K-1 visa in the U.S.)

  The purpose of the fiancé(e) visa, officially known as the K-1 visa in the United States, is to allow a foreign national fiancé(e) of a U.S. citizen to enter the United States for the purpose of marrying their U.S. citizen partner. Once the visa holder arrives in the U.S., the couple must marry within 90 days. After the marriage, the foreign national can apply for adjustment of status to become a lawful permanent resident (green card holder).

  This visa facilitates family reunification and ensures that the foreign national

  
  

  fiancé(e) has legal status while completing the marriage and subsequent immigration processes.

  
  

• Eligibility requirements for both the sponsor and the fiancé(e).

  1. U.S. Citizenship:

     • Must be a U.S. citizen (not a green card holder).

  2. Intent to Marry:

     • Must demonstrate a genuine intent to marry the foreign fiancé(e) within 90 days of their arrival in the United States.

  3. Financial Requirements:

     • Must meet specific income requirements to act as the financial sponsor, typically at or above 100% of the federal poverty guidelines (for the K-1 visa stage) and 125% for the subsequent adjustment of status stage.

     • Must submit Form I-134 (Affidavit of Support) during the visa application process.

  4. Eligible for Marriage:

     • Must be legally free to marry, meaning any prior marriages must be legally terminated through divorce, annulment, or death of a spouse.

  5. Meeting Requirement:

     • Must have met the fiancé(e) in person at least once within the two years preceding the filing of Form I-129F (unless exempt due to extreme hardship or cultural reasons).

  Eligibility Requirements for the Foreign National Fiancé(e)

  1. Eligible for Marriage:

     • Must be legally free to marry, with all previous marriages terminated through legal divorce, annulment, or death of a spouse.

  2. Intent to Marry:

     • Must genuinely intend to marry the U.S. citizen sponsor within 90 days of arriving in the United States.

  3. No Criminal or Immigration Ineligibilities:

     • Must not have a criminal record or immigration violations that could render them inadmissible to the U.S. (e.g., prior deportations, visa overstays, or involvement in activities like human trafficking).

     • Certain criminal convictions or health-related conditions may require waivers to be granted entry.

  4. Medical Examination:

     • Must pass a medical examination conducted by an approved panel physician to show they do not have communicable diseases or health conditions that pose a public health threat.

  Shared Requirements

  1. Proof of Relationship:

     • Both parties must provide evidence of a bona fide relationship, such as:

       • Photos together.

       • Travel itineraries.

       • Correspondence (emails, texts, or letters).

       • Affidavits from family or friends attesting to the relationship.

  2. Age Requirement:

     • Both individuals must be at least 18 years old at the time of marriage (or the minimum legal age in their respective jurisdictions).

  3. Good Faith Relationship:

     • Both must prove that the engagement and intention to marry are genuine and not solely for immigration benefits.

  By meeting these requirements, the couple establishes their eligibility for the K-1 visa process.

• Overview of the process and timeline

  The process and timeline for obtaining a U.S. fiancé(e) visa (K-1 visa) involves several steps and can take several months to a year. Here's an overview of the process:

  1. Petition Filing (Form I-129F)

  • Who files: The U.S. citizen fiancé(e).

  • What happens: The U.S. citizen files a petition with U.S. Citizenship and Immigration Services (USCIS) using Form I-129F, Petition for Alien Fiancé(e). This form is used to prove the legitimacy of the relationship.

  • Timeline: This step typically takes 4-6 months for USCIS to process and approve the petition. However, processing times can vary.

  2. Approval and Transfer to the National Visa Center (NVC)

  • Once the I-129F petition is approved, USCIS forwards the petition to the National Visa Center (NVC).

  • Timeline: This transfer takes a few weeks. The NVC will assign a case number and send the case to the U.S. embassy or consulate in the fiancé(e)’s country.

  3. Visa Application and Consular Processing

  • Who applies: The foreign fiancé(e).

  • What happens: The foreign fiancé(e) will need to complete Form DS-160 (Online Nonimmigrant Visa Application), submit the required documents (e.g., passport, birth certificate, police certificates, medical examination results), and attend a visa interview at the U.S. embassy or consulate.

  • Timeline: The consular processing step typically takes 2-3 months but may take longer depending on the embassy or consulate’s workload.

  4. Visa Interview and Approval

  • During the interview, a consular officer will assess the applicant’s eligibility for the K-1 visa.

  • If the visa is approved, the applicant will be issued the K-1 visa, allowing them to travel to the U.S.

  • Timeline: The interview and approval process can take 2-4 weeks after the interview, depending on individual circumstances.

  5. Entry to the U.S.

  • Once the K-1 visa is issued, the foreign fiancé(e) can travel to the U.S.

  • Timeline: The fiancé(e) must enter the U.S. within 6 months of the visa being issued.

  6. Marriage and Adjustment of Status (Form I-485)

  • Marriage: The couple must marry within 90 days of the foreign fiancé(e) entering the U.S. on the K-1 visa.

  • Adjustment of Status: After marriage, the foreign spouse can apply for permanent resident status (Green Card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

  • Timeline: The adjustment of status process can take 8-14 months for USCIS to process.

    
    
    
    

    

    A picture of me and my husband when we were in Palawan, Philippines.

  Total Timeline

  The entire process, from filing the I-129F petition to the foreign fiancé(e) obtaining a green card after marriage, typically takes about 12-18 months. However, delays and variations in processing times can occur, so it’s important to check with the specific U.S. embassy or consulate for more accurate timelines.

  Important Considerations:

  • Medical Exam and Police Certificate: These are required as part of the application process and may take extra time to arrange.

  • Travel Restrictions and Visa Denials: Travel restrictions or past immigration violations could affect the timeline and approval of the visa.

  • Delays: Processing times can be affected by the complexity of the case, the embassy or consulate’s workload, and other factors.

  This overview outlines the general steps and timelines, but individual cases may differ depending on specific circumstances.