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A fiancé(e) visa, also known as a K-1 visa, is used to bring a foreign fiance to the United States so that the couple can marry and apply for a green card for the foreign partner.
The process for bringing a fiance to the United States involves several agencies from the Department of Homeland Security and the Department of State:
United States Citizenship and Immigration Services (USCIS)
The National Visa Center (NVC)
The U.S. Department of State/U.S. embassy/consulate (DOS)
U.S. Customs and Border Protection (CBP)
The steps you need to follow are:
Step 1: File a fiance visa petition with USCIS.
Step 2: Once the petition is approved, USCIS sends it to the NVC for further processing and submission of additional required documentation. Once processing is completed, the NVC forwards the approved visa petition to the U.S. Embassy or consulate, where your fiance will apply for the issuance of the fiance visa.
Step 3: The U.S. Embassy or consulate schedules the visa interview for your foreign fiance. At the interview, the DOS consular will determine whether your fiance qualifies for the fiance visa. If approved, the consular officer will issue the visa.
The fiance visa petition must be filed by a U.S. citizen. If you have a green card, you must become a U.S. citizen before you are allowed to file a fiance visa petition.
You and your fiance must:
Be legally free to marry.
Intend to marry within 90 days of your fiance’s admission to the United States.
Yes, there are some exceptions. You must prove that either:
The requirement to meet your fiance in person would violate strict and long-established customs of your fiance’s foreign culture or social practice, and that any aspects of the traditional arrangements have been or will be met following the custom or practice; or
Some examples of helpful documentation:
Receipts for deposits made toward wedding facilities, clothing, food, flowers, photographs, etc.
Sample invitations.
Receipts for an engagement ring.
Passes for the engagement party.
Emails or other correspondence with vendors making wedding arrangements.
The processing times vary. It takes approximately 5.5 to 7.5 months to receive a decision.
After the fiance visa petition is approved, it is sent to the National Visa Center. You will need to send additional documentation to the NVC.
Once all required documentation has been received and accepted, the NVC completes the visa petition processing and then forwards it to the U.S. embassy or consulate nearest your fiance’s foreign place of residence.
The embassy or consulate will then set up an interview to determine if the fiance visa should be issued.
The fiance visa petition is valid for four months from the date of approval by USCIS.
A consular officer can extend the petition’s validity if it expires before visa processing is completed.
Civil documents such as birth certificates, divorce documents for previous marriages, and police certificates confirming the foreign fiance has no disqualifying criminal record.
You must also submit a form as the sponsor to show you have sufficient income or financial resources to assure that the foreign national you are sponsoring will not become a public charge while in the United States.
Evidence of income and resources should consist of copies of any of the documents listed below that apply to your situation:
Statement from an officer of the bank or other financial institutions with deposits identifying the following details regarding the account:
Date account opened
Total amount deposited for the past year
Present balance
Statement(s) from your employer on company letterhead showing: the date and nature of employment, salary paid, and whether the position is temporary or permanent.
Yes, as long as the rest of the immigration requirements are met, a same-sex engagement may allow your fiance to enter the US to get married.
Yes, every fiance visa applicant must undergo a medical examination by an authorized DOS physician. Fiance visa applicants will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where they apply for the visa, including information on authorized physicians.
Some embassies/consulates allow it. Please note procedures vary from consulate to consulate and can change. It is important to review the consulate’s website.
If the consular officer grants the visa, it is valid for up to 6 months for a single entry.
After being admitted to the U.S., your fiance may immediately apply for permission for work authorization (work permit) by filing Form I-765. In this case, your fiance’s work authorization is valid for only 90 days after they enter the U.S.
After getting married, your spouse can get a Green Card by adjusting their status.
Garcia & Phan Firm publishes this website as a service to our clients and friends for general informational purposes only. These materials do not and are not intended to constitute legal advice. You should not act upon any such information without seeing professional counsel. These materials may be considered advertising in your state. The information provided on the web is not privileged and does not create an attorney-client relationship with the Garcia & Phan Law Firm or any of the firm’s lawyers. The principal office of the Garcia & Phan Law Firm is located in Huntington Beach, California. Its attorneys are licensed to practice law in California. The firm does not intend to practice law in any jurisdictions where the firm is not licensed.