Navigating the Fiancé Visa Process

Your Path to a Fiancé Visa Starts Here

Understanding the complexities of the K-1 visa process is crucial for a smooth transition. Let us guide you through every step to ensure your loved one can join you in the United States.

Fiancé Visa Frequently Asked Questions

Get answers to the most common questions about the K-1 visa process, from application requirements to potential challenges.

What is a K-1 Fiancé Visa?

A K-1 visa allows a foreign fiancé to enter the United States to marry their U.S. citizen partner within 90 days of arrival.

What are the requirements for a K-1 Fiancé Visa?

Requirements include proof of a bona fide relationship, meeting in person within the last two years, and both parties being legally free to marry.

How long does the K-1 visa process take?

The process typically takes between 13 to 18 months, depending on the completeness of the application and any potential issues.

Can my fiancé's children come with them?

Yes, children under 21 and unmarried can be included in the petition and receive K-2 visas to enter the U.S. with your fiancé.

What happens if we don't marry within 90 days?

If you do not marry within 90 days, your fiancé must leave the U.S. as the K-1 visa will expire, and they cannot change to another visa status.

Can we get a waiver for the in-person meeting requirement?

In rare cases, a waiver can be granted if meeting in person would cause extreme hardship or violate cultural or social practices.

What If My Fiancé is Already in the United States?

If your fiancé is already in the U.S., you cannot apply for a K-1 visa. Instead, you should consider applying for a K-3 nonimmigrant visa, which is for spouses of U.S. citizens.

The K-3 visa allows your spouse to stay in the U.S. while waiting for the approval of their immigrant visa petition. This visa helps to bridge the gap and keep families together during the immigration process.

Importance of Marrying Within 90 Days

Consequences of Not Marrying Within 90 Days

When your fiancé enters the United States on a K-1 visa, it is crucial to marry within 90 days of their arrival. This is a strict requirement set by U.S. immigration laws. Failure to marry within this timeframe results in the automatic expiration of the K-1 visa, making your fiancé’s stay in the country illegal.

If the marriage does not occur within 90 days, your fiancé must leave the United States. They cannot switch to another type of temporary visa, and staying beyond the visa’s expiration date can lead to deportation. This can have severe consequences for future immigration applications. In some cases, a conditional waiver may be available, but it is essential to consult with an immigration attorney immediately to explore this option.

Visas for Fiancé's Children

Eligibility and Process

Children of your fiancé can also obtain visas to enter the United States. To be eligible, the children must be under 21 years of age and unmarried. They can be included in the Form I-129F petition filed for your fiancé.

Waiving the Two-Year Meeting Requirement

In certain exceptional circumstances, it is possible to seek a waiver for the two-year meeting in-person requirement. This requirement can be waived if meeting in person would violate strict cultural or social practices of your fiancé’s home country, or if it would cause extreme hardship to you.

Examples of extreme hardship include situations where you are physically unable to travel due to a medical condition or disability. However, it is important to note that these waivers are rarely granted and are only approved in exceptional cases. Consulting with an experienced immigration attorney can help you determine if you qualify for such a waiver and guide you through the application process.

Typical Processing Time

Understanding Fiancé Visa Processing Time

The processing time for a fiancé visa can vary, typically ranging from 13 to 18 months. This timeframe can be influenced by various factors, including the completeness and accuracy of your application. A well-prepared application, with all required documentation and no errors, can help expedite the process. It’s crucial to ensure that all forms are filled out correctly and all necessary evidence is provided to avoid delays. Staying informed and prepared can make a significant difference in the time it takes to get your fiancé visa approved.

Common Challenges

Filing the correct petition is essential. Many applicants confuse the fiancé visa with the marriage visa, leading to denials. Ensure you are applying for the K-1 visa if you are not yet married.

Completing forms accurately is another common hurdle. Forms like the I-129F and DS-160 must be filled out meticulously, with no missing information or signatures.

Providing sufficient evidence of a bona fide relationship is critical. Your relationship will be closely scrutinized, and any lack of evidence or suspicion of fraud can result in rejection.

Get Expert Help

Contact an Immigration Lawyer

Seeking assistance from an experienced immigration lawyer can help you navigate the complexities of the fiancé visa application process. An attorney can provide guidance, ensure all paperwork is correctly completed, and help you avoid common pitfalls.

Address

Law Offices of Brian C Williams
6475 New Hampshire Avenue Suite 205
Hyattsville, MD 20783

Phone

(301) 891-8485