You have decided to get married. Your fiancé, however, lives in a foreign country and you wish to get married in the United States. Your fiancé requires a K-1 visa to enter the United States.
Overview: How Does My Fiancé Acquire a K-1 Visa?
The Immigration and Nationality Act allows a U.S. citizen to petition the United States Citizenship and Immigration Services (USCIS) for their foreign fiancé to come to the United States to get married. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC) who performs a background check on your fiancé. Once the background check is complete and the results are satisfactory, the NVC forwards the petition to the United States consulate nearest your fiancé’s foreign residence.
The United States consulate conducts an interview and issues the fiancé (K-1) visa allowing your fiancé to legally enter the United States. The United States consulate also issues a K-2 visa to any minor (under 21 and unmarried) children of your fiancé.
Upon issuance of the K-1 visa, your fiancé and any children must enter the United States within 6 months. After entry, your fiancé must marry you within 90 days. The 90 day period cannot be extended and your fiancé cannot marry a different U.S. citizen. If your fiancé does not marry you within 90 days of entry, then s/he and any children are required to depart the United States at the end of the 90 day period. Once you are married to your fiancé, s/he and any children can file an application for permanent residence with the USCIS allowing them to live permanently in the United States.
The fiancé visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the fiancé visa as quickly as possible.
What are the Requirements to Obtain a K-1 Visa?
U.S. Citizen
The person filing the petition must be a United States citizen either by birth or naturalization.
Marital Status
You and your fiancé(e) must both be legally free to marry (i.e. divorced, single or widowed).
Meeting in Person
You and your fiancé(e) must have met with each other in person within a 2 year period previous to the filing of the petition.
Marital Intent
You and your fiancé(e) have a genuine relationship and a bona-fide intent to marry within 90 days of your fiancé(e)’s entry into the United States.
Financial Support
The person filing the petition must be able to demonstrate that s/he can financially support their fiancé(e), that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.
Criminal History
You or your fiancé(e) have not committed certain crimes.
Fiancé(e) Visa Process
Your fiancé(e) requires a K-1 visa to enter the United States. You know that s/he is eligible to apply but the process seems complicated. For your information, CLG has listed the steps in the process below.
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United States Citizenship and Immigration Services (USCIS)
In order to initiate the process, the petitioner (U.S. citizen) files a Petition for Alien Fiancé(e) (form I-129F) on behalf of the beneficiary (foreign fiancé(e)) with the USCIS. After the fiancé(e) petition is filed, the USCIS will issue a receipt notice. After reviewing the fiancé(e) petition, the USCIS will issue an approval notice. The approved fiancé(e) petition is then forwarded to the National Visa Center (NVC).
Timing: Currently, the Petition for Alien Fiancé(e) is approved (on average) within 4-5 months of filing.
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National Visa Center (NVC)
The NVC performs a background check of your fiancé(e). Upon completion of the background check, the NVC will forward the approved fiancé(e) petition to the United States embassy or consulate located in your fiancé(e)’s home country.
Timing: Currently, the background check is completed and the fiancé(e) petition forwarded (on average) within 1 month of receipt from the USCIS.
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United States Embassy or Consulate
Upon receipt of the approved fiancé(e) petition, the United States embassy or consulate will contact your fiancé(e) and provide specific instructions (known as ‘Packet 3’) regarding the K-1 (and K-2 for minor children) online nonimmigrant visa applications to complete, affidavit of support, obtaining a medical examination at a designated facility, the documentation to be presented at the interview and payment of K-1 (and K-2) visa fees. Once all requested material is received an interview will be scheduled.
At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer will question your fiancé(e) in detail with respect to the specifics of your relationship in order to determine its legitimacy.
Assuming that the consular officer is satisfied, the K-1 application is approved and a K-1 visa is placed in your fiancé(e)’s passport. At that time, the United States embassy or consulate will also approve any K-2 visa application and place K-2 visa(s) in your fiancé(e)’s minor children’s passport(s). The visas will be valid for 6 months.
Timing: Currently, the interview is scheduled (on average) within 2-5 months of receipt of all requested material. K-1 and K-2 visas are issued within 7-10 days of approval.
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Entering the United States
Upon issuance of the K-1 and K-2 visas, your fiancé(e) and any children must enter the United States within 6 months. The K-1 and K-2 visas are valid for a single entry. After entry, your fiancé(e) must marry you within 90 days. The 90 day period cannot be extended and your fiancé(e) cannot marry a different U.S. citizen. If your fiancé(e) does not marry you within 90 days of entry, they and their children (if any) must depart the United States at the end of the 90 day period. It is important to note that the 90 day period cannot be extended.
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Permanent Resident (‘Green Card’) Status
Once you and your fiancé(e) are married, s/he and their children (if any) can file an application to adjust their status with the USCIS to become a lawful permanent resident (“green card” holder) of the United States.
Fiancé(e) Visa Check Fees
All CLG clients are entitled to predictable and transparent fees. Your fixed fee covers all legal services, from our first discussion through to case completion, regardless of the time spent by our attorney. There are absolutely no additional charges for document preparation, emails, telephone calls, consultations, responses to government requests, interview preparation and attendance, issue solving or advocacy and no hidden costs.
In addition to attorney fees, you will also be required to pay the various government filing fees as they become due. All fees are listed below.
USCIS Filing Fee
Petition for Alien Fiancé(e) filing fee.
*No separate filing fee for child(ren).
$265
Nonimmigrant Visa Processing Fee
K Fiancé(e) Visa Application
*Each K visa applicant (fiancé(e) and each child) submits a K visa application and pays an application fee.
$265
Medical Examination Fee
Medical Examination
* Fee varies depending on the physician and country.
**Each K visa applicant (fiancé(e) and each child) undergoes a medical examination and pays a medical examination fee.
$300
Fiancé(e) Visa Legal Services
The CLG fixed fee covers all legal services up to the issuance of the K visa, regardless of the attorney time spent. The following illustrates the typical legal services undertaken by CLG during the K visa process.
Initial Consultation
Fact finding, identification of potential issues, advice regarding your options and explanation of the K visa process and timeline.
USCIS Processing
Information and Document Collection
Online collection of the U.S. citizen and fiancé(e)’s biographic information and the relevant documentation required for filing of the fiancé(e) petition and K visa application(s).
Information and Document Review
Review of the biographic information and relevant supporting documentation provided by the U.S. citizen and their fiancé(e).
Fiancé(e) Petition Drafting
Drafting of the fiancé(e) petition and assembly of documentation for the U.S. citizen and fiancé(e)’s final review and signatures.
Fiancé(e) Petition Filing
Filing (by courier) of the fiancé(e) petition and documentation with USCIS and acceptance of case receipt notice.
Case Monitoring
Monitoring of the case progress using scheduled online status inquiries and automatic email updates provided by the USCIS to ensure expeditious processing.
Communication
Responding promptly to USCIS requests for evidence and making certain that the approved fiancé(e) petition is forwarded in a timely manner to the National Visa Center (NVC).
Status Update and Advice
Providing clients with real time updates of changes in case status (at the USCIS level) as well as advice and response to client questions.
National Visa Center (NVC) Processing
Case Monitoring
Continued monitoring of case progress, ensuring that the NVC completes the background check of the fiancé(e) and forwards the approved fiancé(e) petition to the appropriate United States embassy or consulate.
Status Update and Advice
Continued real-time updates of changes in case status (at the NVC level) as well as advice and responses to client questions.
United States Embassy or Consulate Processing
Online Nonimmigrant Visa Application Review and Affidavit of Support Drafting
Review of Online Nonimmigrant Visa Application and drafting of Affidavit of Support for the U.S. citizen’s signature.
K Visa Application and Affidavit of Support Drafting
Drafting of K-1 and K-2 visa applications and Affidavit of Support for the U.S. citizen and fiancé(e)’s final review and signatures.
Packet Preparation
Advice and specific instruction regarding the fiancé(e) obtaining a medical examination at a designated facility, the documentation to be presented at the interview (including the Affidavit of Support) and payment of K-1 (and K-2) visa fees.
Interview Preparation
Preparation of the fiancé(e) for the K visa interview including document review, embassy or consulate protocol, sample interview questions to expect and identification and resolution of potential issues.
Case Monitoring
Continued monitoring of case progress using direct communication with the United States embassy or consulate to ensure expeditious issuance of the K visa(s).
How to Retain CLG
Free Consultation
If you are seriously considering the K visa process, please schedule a free consultation with a CLG attorney. The consultation consists of fact finding, identification of potential issues, advice regarding options, explanation of the process and timeline and discussion of fees. You may also wish to read “Why CLG?”
Fiancé(e) Visa Process Examples
In order to better understand the fiancé(e) visa process we provide you with examples of the types of documents that may be required as well as questions that may be asked of your fiancé(e).
Sample Fiance(e) Petition List
What is the Timeline to Apply for and Obtain a K-1 Visa?
The issuance of a K-1 visa requires processing by the United States Citizenship and Immigration Services (USCIS), National Visa Center (NVC) and United States embassy or consulate. The USCIS and United States embassy or consulate processing times can vary depending upon where the petitioner (in the United States) and the fiancé(e) (foreign country) reside. In general, however, the typical timeline for K-1 visa processing is as follows:
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United States Citizenship and Immigration Services (USCIS) Processing
Once the fiancé(e) petition is filed, the USCIS issues a receipt notice to the petitioner (U.S. citizen) and attorney. The USCIS allocates 5 months to render a decision. Since each fiancé(e) petition differs in terms of complexity, the decision time can vary. Assuming that the fiancé(e) petition is correctly filed with all relevant documentation, the majority of cases are adjudicated in 4 months. Once approved, the USCIS issues an approval notice to the petitioner and attorney. The approved fiancé(e) petition is then forwarded to the National Visa Center (NVC) for the second step in the process.
Receipt Notice Issued: 2 Weeks from Date of Receipt of Fiancé(e) Petition
Approval Notice Issued: 4-5 Months from Date of Receipt of Fiancé(e) Petition
Total Time to Process: 4-5 Months from Date of Receipt of Fiancé(e) Petition
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National Visa Center (NVC) Processing
Once the approved fiancé(e) petition is received, the NVC performs a background check of your fiancé(e). Upon completion of the background check, the NVC forwards the approved fiancé(e) petition to the United States embassy or consulate located in your fiancé(e)’s home country for the third step in the process.
Total Time to Process: 1 Month
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United States Embassy or Consulate Processing
Upon receipt of the approved fiancé(e) petition and background check, the United States embassy or consulate sends a letter to your fiancé(e) and attorney confirming receipt of the case and commencement of visa processing. The fiancé(e) will receive specific instructions (known as ‘Packet 3’) regarding the K-1 (and K-2 for minor children) online nonimmigrant visa applications; including instructions on obtaining a medical examination at a designated facility, a list of the documentation to be presented at the interview (sample documents are listed here) , the date and time of the interview and notice to make payment of K-1 (and K-2) visa fees.
At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer will question your fiancé(e) in detail with respect to the specifics of your relationship in order to determine its legitimacy.
Assuming that the consular officer is satisfied, the K-1 application is approved and a K-1 visa is placed in your fiancé(e)’s passport. At that time, the United States embassy or consulate will also approve any K-2 visa application and place appropriate K-2 visas in your fiancé(e)’s children’s passports. At this point, the fiancé(e) and their children may enter the United States.
Case Receipt Letter Issued: 1-5 Days from Date of Receipt of NVC Case Package
Interview Scheduled: 2-5 Months from Date of Receipt of NVC Case Package
Visa Issued: 7-10 Days from Date of Interview
Total Time to Process: 2-5 Months
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Entering the United States
Upon issuance of the K-1 and K-2 visas, your fiancé(e) and any children must enter the United States within 6 months. The K-1 and K-2 visas are valid for a single entry. The K-1 visa is presented to a Customs and Border Protection (CBP) officer who admits your fiancé(e) into the United States. An Arrival-Departure Record (form I-94) that indicates the immigration classification (K-1), date and port of entry and length of admission (90 days) is evidence of your fiancé(e)’s entry. This record can be accessed online. After entry, you and your fiancé(e) must marry within 90 days. If your fiancé(e) does not marry you within 90 days of entry, they and their children (if any) must depart the United States at the end of the 90 day period. It is important to note that the 90 day period cannot be extended.
Period of Validity of K-1 Visa: 6 Months
Period of Validity of Form I-94: 90 days
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Permanent Resident (‘Green Card’) Status
Once your fiancé(e) marries you, then s/he and their children can file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder) of the United States. The application to adjust their status, along with work permit and travel document applications will be processed in the United States without need for the fiancé(e) to depart.
Receipt Notices Issued: 2 Weeks from Date of Receipt of Applications
Biometrics (Fingerprinting) Appointment Scheduled: 1 Month from Date of Receipt of Applications
Work Permit Issued: 90 days from Date of Receipt of Application
Travel Document Issued: 90 days from Date of Receipt of Application
Interview Scheduled: 4-5 Months from Date of Receipt of Application
Permanent Residence Card Issued: 10 Days from Date of Interview
Fiancé Visa FAQs
Please read through our website for detailed information on applying for and obtaining a fiancé(e) visa. You may also wish to try the search utility, or visit the sitemap for quick links to specific content.
Below we have attempted to answer questions frequently asked by both our existing and potential clients. If you cannot find the answer to your question, please do not hesitate to contact us. We will gladly and promptly respond. Remember, every question is important.