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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

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:

1. 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

2. 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

3. 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

4. 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

5. 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.

• Arrival in the United States on a K-1 visa and K-2 visa

  • What is the procedure when a fiancé(e) arrives in the United States?

    The fiancé(e) and any children must enter the United States within 6 months of issuance of the K-1 and K-2 visas. Upon arrival in the United States, the fiancé(e) will be questioned by a Customs and Border Protection (CBP) officer who will review the K-1 and K-2 visas. The CBP officer will issue the fiancé(e) and any children an Arrival/Departure Record (form I-94) that will indicate the date of entry and the expiration date (90 day period).

  • How long can a fiancé(e) remain in the United States after they enter?

    After entry, the fiancé(e) must marry the U.S. citizen within 90 days. The 90 day period cannot be extended. If the fiancé(e) does not marry the U.S. citizen within 90 days of entry, they and their children must depart the United States upon expiration of the 90 days. The 90 day period cannot be extended and the fiancé(e) cannot remain, even if they marry a different U.S. citizen.

  • Can the 90 day period in the United States be extended?

    No. There are no exceptions to this regulation.

  • After a fiancé(e) enters the United States, how long do they have to get married?

    After entry, the fiancé(e) must marry the U.S. citizen within 90 days. The 90 day period cannot be extended. If the fiancé(e) does not marry the U.S. citizen within 90 days of entry, then they and their children must depart the United States upon expiration of the 90 days.

  • Can a fiancé(e) marry a different U.S. Citizen?

    Yes. However, if the fiancé(e) marries a different U.S. citizen they cannot obtain permanent residence (‘green card’) in the United States based upon this marriage. The fiancé(e) must depart the United States.

  • How does a fiancé(e) obtain permanent residence (‘green card’) after they enter the United States?

    Once the fiancé(e) marries the U.S. citizen, then they 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 will be processed in the United States without need for the fiancé(e) to depart.

  • How does a fiancé(e)’s children obtain permanent residence (‘green card’) after entering the United States?

    Once the fiancé(e) marries the U.S. citizen, then any children (under 21 and unmarried) 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 will be processed in the United States without need for the children to depart.

  • Can a fiancé(e) work legally after they enter the United States?

    Yes. Upon entry into the United States, the fiancé(e) is eligible to file an application for an employment authorization document (work permit) with the USCIS. The USCIS processing of the work permit application requires approximately 90 days. Also, the fiancé(e) can choose to wait and file an application for a work permit along with the application for permanent residence (‘green card’). Upon receipt of the work permit, the fiancé(e) can be legally employed.

  • Can a fiancé(e)’s children work legally after entering the United States?

    Yes. Upon entry into the United States, any children are eligible to file an application for an employment authorization document (work permit) with the USCIS. The USCIS processing of the work permit application requires approximately 90 days. Also, any children can choose to wait and file an application for a work permit along with the application for permanent residence (‘green card’). Upon receipt of the work permit, any children can be legally employed.

  • Can my fiancé(e) obtain a social security number after they enter the United States?

    Yes. Upon receipt of the work permit, the fiancé(e) can file an application for a U.S. social security number (form SS-4) with a local Social Security Administration (SSA) office. The SSA processing of the social security number application requires approximately 2 to 3 weeks.

  • Can my fiancé(e)’s children obtain a social security number after entering the United States?

    Yes. Upon receipt of the work permit, any children can file an application for a U.S. social security number (form SS-4) with a local Social Security Administration (SSA) office. The SSA processing of the social security number application requires approximately 2 to 3 weeks.

• Entering the United States on a Tourist Visa

  • Can a fiancé(e) apply for a tourist visa while a K-1 visa is pending?

    Yes. In order for a tourist visa to be issued, however, the United States embassy or consulate officer must be convinced that the fiancé(e) intends to return to their country after the visit to the United States. The pending K-1 visa application indicates that the fiancé(e) intends to marry and live permanently in the United States. Thus, the fiancé(e) must prove that although they intend to live permanently in the United States, they will return to their home country after the visit. Since this is difficult to prove, it is likely that the United States embassy or consulate officer will deny the application for a tourist visa.

  • Can a fiancé(e) apply for a tourist visa instead of a K-1 visa?

    A fiancé(e) is eligible to apply for any type of visa. In order for a tourist visa to be issued, however, the United States embassy or consulate officer must be convinced that the fiancé(e) intends to return to their home country after the visit to the United States. The fiancé(e) must also disclose that they are in a relationship with a U.S. citizen. This relationship indicates that the fiancé(e) intends to marry and live permanently in the United States. Thus, the fiancé(e) must prove that although they intend to live permanently in the United States they will return to their home country after the visit. Since this is difficult to prove, it is likely that the United States embassy or consulate officer will deny the application for a tourist visa.

    If the tourist visa is approved; the fiancé(e) enters the United States; marries a U.S. citizen and files an application for permanent residence (‘green card’), the USCIS could conclude that the fiancé(e) committed visa fraud in obtaining and using a tourist visa to enter the United States to marry a U.S. citizen. In such a case, the application for permanent residence (‘green card’) would be denied and the fiancé(e) removed to their home country.

• Entering the United States Using a Different Type of Visa

  • What if a fiancé(e) entered the United States using another type of visa?

    If the fiancé(e) is currently in the United States and entered on a visa other than a K-1 visa, it is possible that they could remain and file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.

  • What if a fiancé(e) entered the United States using another type of visa and has overstayed?

    If the fiancé(e) is currently in the United States; entered on a visa other than a K-1 visa; and overstayed, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.

  • What if a fiancé(e) entered the United States on a visa waiver?

    If the fiancé(e) is currently in the United States and entered on a visa waiver, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.

  • What if a fiancé(e) entered the United States on a visa waiver and overstayed?

    If the fiancé(e) is currently in the United States and entered on a visa waiver and overstayed, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.

  • What if a fiancé(e) entered the United States illegally without a visa waiver?

    If the fiancé(e) is currently in the United States and entered illegally without a visa, it is probable that they could not file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder). Rather, they would most likely be required to return to their home country to process residence. A review of the facts of the fiancé(e)’s specific situation is required to make this determination.

• FAQs about CR-1 Visa and CR-2 Visa

  • What is a CR-1 visa?

    The CR-1 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the foreign spouse’s home country for the purpose of allowing the spouse to legally enter as a resident and live permanently in the United States. The CR-1 visa is issued to a foreign spouse who has been married fewer than 2 years. After entry into the United States, the foreign spouse is issued a residence (‘green card’) by the USCIS valid for 2 years from the date of entry. The foreign spouse, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the CR-1 visa in 2 years time.

  • What is a CR-2 visa?

    The CR-2 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the spouse’s home country for the purpose of allowing the spouse’s minor (under 21 and unmarried) children to legally enter as a resident and live permanently in the United States. After entry into the United States, the children are issued a residence (‘green card’) by the USCIS valid for 2 years from the date of entry. The child, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the CR-1 visa in 2 years time.

  • What are the requirements for a CR-1 visa?

    • The petitioner is a U.S. citizen.
    • The parties are legally married for fewer than 2 years.
    • U.S. citizen and spouse have a bona-fide marital relationship.
    • U.S. citizen can demonstrate ability to financially support spouse.
    • Spouse has not committed certain crimes.
  • Is it preferable to obtain a K-1 visa or a CR-1 visa?

    Since no marriage is required – assuming that all requirements are met – the K-1 visa process can be started immediately. Further, the K-1 visa does not require the submission of an application to the NVC. As such, generally, the processing time for a K-1 visa is shorter than that for a CR-1 visa. This often means that the fiancé(e) is able to enter the United States earlier with a K-1 visa than with a CR-1 visa. After entry to the United States, a K-1 visa holder must get married; file an application for permanent residence (‘green card’) and be interviewed by the USCIS. The K-1 visa holder cannot be legally employed until the USCIS issues either an employment authorization document (work permit) or conditional residence card (‘green card’). The CR-1 visa holder, however, is a resident of the United States immediately upon entry and not subject to the same restrictions.

• FAQs about IR-1 Visas

  • What are the requirements for an IR-1 visa for a foreign spouse?

    • The petitioner is a U.S. citizen.
    • The parties are legally married for 2 years or more.
    • U.S. citizen and foreign spouse have a bona-fide marital relationship.
    • U.S. citizen can demonstrate ability to financially support foreign spouse.
    • Foreign spouse has not committed certain crimes.
  • Who is an immediate relative?

    A spouse, child (unmarried person under 21 years of age) or parent (if U.S. citizen is at least 21 years old) of a U.S. citizen is considered an immediate relative. There are no limits on the number of immigrant visas or residence cards issued to immediate relatives.

  • What is an IR-1 visa?

    A visa (also known as an immediate relative visa) issued by the United States embassy or consulate in the foreign relative’s home country for the purpose of allowing the spouse, child (under 21 and unmarried) or parent of a U.S. citizen to legally enter as a resident and live permanently in the United States. With respect to an immediate relative that is a spouse, the IR-1 visa is issued if the spouse has been married for 2 years or more. After entry into the United States, the foreign spouse and any children are issued a residence (‘green card’) by the USCIS valid for 10 years from the date of entry and are termed a “permanent resident”.

• FAQs about K -1 visa(s) and K-2 visa(s)

  • What is a K-1 visa?

    The K-1 visa, or fiancé(e) visa, is issued by the United States embassy or consulate in the fiancé(e)’s home country. K-1 visas are granted to the fiancé(e), so they can legally enter the United States with the intention of marriage to a U.S. Citizen. K-1 visas are not designed as visitor visas to be used by a couple who wish to become better acquainted.

  • What are the requirements for issuance of a K-1 visa?

    • Both parties must be legally free to marry.
    • The U.S. citizen and their fiancé(e) have a bona-fide intent to marry.
    • The U.S. citizen can demonstrate an ability to financially support their fiancé(e) upon entry into the United States.
    • The fiancé(e) has not committed certain crimes.
  • How is a K-1 visa processed by the United States embassy or consulate?

    Upon receipt of the approved fiancé(e) petition, the United States embassy or consulate will contact the fiancé(e) and provide specific instructions regarding the K-1 (K-2 for minor children) visas. The instructions include a list of visa application forms to complete, the requirement to obtain a medical examination at a designated facility, the documentation required for the interview, the date and time of the interview and payment of visa fees.

  • Why would the United States embassy or consulate deny a K-1 visa?

    The United States embassy or consulate might deny the K-1 visa for a variety of reasons. From an administrative perspective, K-1 visas can be denied for failing to present requested documents, a divorce decree for example; incorrectly completing documents, or failing to provide adequate evidence of ability to financially support the fiancé(e).

    From a relationship perspective, K-1 visas can be denied because the United States embassy or consulate officer is not convinced that a bona-fide relationship exists between the U.S. citizen and their fiancé(e), because there is a large age difference between the U.S. citizen and the fiancé(e) (15 years or more is considered “large”), the U.S. citizen and the fiancé(e) do not speak a common language, the U.S. citizen and the fiancé(e) have not spent enough time together, the fiancé(e) was previously denied a U.S. visa, or the fiancé(e) was previously denied entry into the United States.

  • How long is the entire K-1 visa process?

    The issuance of a K-1 visa requires processing by the USCIS, NVC and United States embassy or consulate. The USCIS and United States embassy or consulate processing times vary depending on where the petitioner resides in the United States, and the residence of the fiancé(e). The typical K-1 visa processing time is 6 to 9 months.

  • How long does it take the United States embassy or consulate to issue a K-1 visa?

    Once the United States embassy or consulate officer is satisfied, the K-1 visa application is approved and a K-1 machine readable visa is placed in the fiancé(e)’s passport 1 to 2 days after the interview. At that time, the United States embassy or consulate will also approve any K-2 visa applications and place the K-2 visas in the fiancé(e)’s children’s passports.

  • What is the K-1 visa fee at the United States embassy or consulate?

    At present, the K-1 visa application fee is $350 per applicant. Each applicant must pay a separate application fee. Click here for a list of applicable fees.

  • For how long is a K-1 visa valid after issuance by the United States embassy or consulate?

    A K-1 visa is valid for 6 months after issuance. This means that the fiancé(e) must enter the United States prior to the expiration of the 6 month period. The K-1 visa is valid for 1 entry only.

  • What happens after you receive the K-1 visa?

    The consular officer will return your fiancé(e)’s and any child’s passports with K-1 and K-2 machine readable visas, along with a sealed packet containing the documents previously provided and other documents prepared by the United States embassy or consulate. The sealed packet must not be opened until such a time as the fiancé(e) and any children enter the United States, at which time it will be opened by the Customs and Border protection (CBP) officer. The K-1 visa holder must enter the United States previous to, or at the same time as their children.

  • Can a U.S. citizen get married in a fiancé(e)’s home country?

    Yes, however, if the U.S. citizen marries their fiancé(e) in the fiancé(e)’s home country, the fiancé(e) is no longer eligible for a K-1 visa. The foreign spouse would then be eligible for either a Conditional Resident (CR-1) visa (if married for fewer than 2 years) or an Immediate Relative (IR-1) visa (married for 2 years or more).

  • For how long is a K-2 visa valid after issuance?

    The K-2 visa is valid for 6 months after issuance, the same length of time as a K-1 visa. This means that the fiancé(e)’s children must enter the United States prior to the expiration of the 6 month period. The K-2 visa is valid for 1 entry only.

  • Can a fiancé(e)’s children come to the United States after the fiancé(e) enters the United States?

    Yes. Since the K-2 visa is valid for 6 months after issuance, the fiancé(e)’s children can enter the United States at any time prior to the expiration of the 6 month period.

  • Can a fiancé(e)’s children come to the United States after the fiancé(e) gets married?

    Yes. Since the K-2 visa is valid for 6 months after issuance, the fiancé(e)’s children can enter the United States at any time prior to the expiration of the 6 month period. However, in order to avoid lengthy delays, it is important that both the fiancé(e) and children process their permanent residence (‘green card’) application at the same time.

  • Can a U.S. citizen complete the K-1 process without an attorney?

    Yes. The immigration regulations do not require a U.S. citizen to use the services of an attorney.

  • Why should I retain an attorney?

    An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?

  • How can I verify the status of my case?

    CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website. Enter your username (email address) and password into the ‘Login’ box. Once logged in to your account, you can view the status of your case as well as any notices issued by government entities. At all times, your information remains secure and private. Please view our privacy policy.

• FAQs about K-3 Visas

  • What is a K-3 visa?

    Previously, the USCIS processing times for marriage petitions were extremely lengthy, resulting in the long-term separation of U.S. citizens and their spouses. In December, 2000, the K-3 visa was established. The K-3 visa is issued by the United States embassy or consulate in the spouse’s home country for the purpose of allowing the spouse to legally enter the United States to await the approval of a marriage petition filed by the U.S. citizen with the USCIS. Since approximately February, 2010, however, the USCIS processing time for marriage petitions has significantly shortened. As such, the USCIS has discontinued the processing of K-3 petitions.

• FAQs about the Fiancé(e) Petition

  • What is a fiancé(e) petition?

    A fiancé(e) petition is the first step in the fiancé(e) visa process and is filed by a U.S. citizen on behalf of their fiancé(e) with the United States Citizenship and Immigration Services (USCIS). If approved, the fiancé(e) petition is forwarded to the National visa Center (NVC) to complete the second step of the process.

  • What are the requirements to file a fiancé(e) petition?

    • The petitioner must be a U.S. citizen.
    • Both parties must be legally free to marry.
    • The petitioner and their fiancé(e) must have met in person within the last 2 years.
    • The petitioner and their fiancé(e) have a bona-fide intent to marry.
    • The petitioner has not committed certain crimes.
  • Can a permanent resident file a fiancé(e) petition?

    No. The person filing a fiancé(e) petition on behalf of the fiancé(e) must be a United States citizen.

  • What if the petitioner has been convicted of a crime?

    If the person filing a fiancé(e) petition has been convicted of domestic violence, sexual assault, child abuse and/or neglect, dating violence, elder abuse, stalking, certain violent crimes and/or crimes relating to a controlled substance or alcohol, his or her criminal record must be reported to the USCIS. Also, the USCIS may disclose to the fiancé(e) the petitioner’s criminal history involving violent crimes or sex-related offenses. Finally, a petitioner that has been convicted of certain violent crimes cannot file a fiancé(e) petition unless they seek a waiver from the USCIS.

  • Can an unemployed petitioner file a fiancé(e) petition?

    Yes. There is no USCIS requirement that the petitioner be employed in order to file a fiancé(e) petition. However, in order for the U.S. embassy or consulate to issue a K-1 visa, evidence must be presented that the petitioner is able to financially support a fiancé(e) upon entry into the United States. If the petitioner is unemployed at the time of the embassy or consulate interview, the fiancé(e) may present evidence from a co-sponsor (a person other than the petitioner) demonstrating their ability to financially support the fiancé(e).

  • Can the petitioner file more than one fiancé(e) petition?

    There are two instances where a petitioner would not be allowed to file more than one fiancé(e) petition. The first is if the petitioner has filed two or more fiancé(e) petitions at any time in the past. The second instance, if the petitioner had a fiancé(e) petition approved two years prior to the date of filing of the current petition.

    In either instance, in order to file another fiancé(e) petition the petitioner must request a waiver of the limitation. The USCIS may, in its discretion, waive the applicable limitation if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons.

  • Does the petitioner have to be single to file a fiancé(e) petition?

    Yes. Both the person filing a fiancé(e) petition and the fiancé(e) must be legally able to marry at the time of filing.

  • Does the petitioner have to meet the fiancé(e) in person?

    Yes. The immigration regulations require that the petitioner has previously met the fiancé(e) within two years of filing the petition with the USCIS. The USCIS may waive the in-person requirement, where the petitioner can demonstrate either extreme hardship to the U.S. Citizen (did you mean fiancé(e)), or that the requirement would violate strict and long established customs of the foreign fiancé(e)’s cultural or social practices. It should be noted that the in-person meeting requirement is rarely waived by the USCIS.

  • What is the government filing fee for a fiancé(e) petition?

    A fiancé(e) petition is termed a Petition for Alien Fiancé(e) (form I-129F). At present, the filing fee is $340. We have provided a complete list of fees applicable to the fiancé(e) visa application process on our fiancé(e) visa fees page.

  • How long does it take the USCIS to process a fiancé(e) petition?

    After the fiancé(e) petition is filed, the USCIS will issue a receipt notice. After reviewing the fiancé(e) petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for a fiancé(e) petition occurs within five months of filing.

  • How long is the fiancé(e) petition valid for after approval?

    A fiancé(e) petition is valid for four months after approval by the USCIS. Petitions can be revalidated by either the United States embassy or consulate officer prior to the interview; so in essence, the fiancé(e) petition does not expire.

• FAQs about the National Visa Center (NVC)

  • How long does it take the NVC to process a fiancé(e) petition?

    The NVC requires approximately one month to complete a background check on the fiancé(e). Once completed, the fiancé(e) petition is forwarded to the United States embassy or consulate nearest the fiancé(e)’s residence.