US Fiancé or Fiancée Visa

What is a US Fiancé or Fiancée Visa?

K1 Visas are visas for foreign fiancés also also called a Fiancé Visa. 

K1 visas are issued to those who are engaged to a foreign woman who have the intent of being married once the lady arrives in the US. In addition to the K1 visa there is a K2 visa which is a derivative of the K1 visa. The K2 visa is for the ladies minor children under the age of 21 years.

What are the documents that I need before I can apply?

• Any document to prove that the petitioner is a U.S. citizen: U.S. government issued birth certificates are best.

• Any document to prove that the two have met within the past two years. Best proof can best be shown through pictures of the two being together. The pictures should have the date imprinted on it by the photo developer to show that it was taken within the past two years. This is an important requirement. Failure to meet this requirement will often result in a denied fiance petition.

• You must show financial ability to support your fiancé(e).

• Any document to prove that each is legally free to marry. If any was previously married, s/he will need to include documents showing that the marriage was terminated through death or divorce.

• Any document to prove that that the alien has the genuine intention to marry the U.S. citizen within 90 days of his/her arrival into the U.S. This can be in the form of: wedding plans, church reservations, caterer reservations, receipts for deposits placed, wedding invitations, letter from a pastor indicating that he will be presiding over the ceremony.

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What are the steps involved in getting a US Fiancé or Fiancée Visa?

There are two basic steps involved in getting a K-1 visa. 

The first one involves a Petition which is completed by the partner who is a U.S. citizen.

The second step involves the Application which is the alien  partner's 's request for a K-1 visa stamp at their home country's US consulate. The completed petition is then sent to the INS for approval. Upon receipt of the completed petition, the INS will send the U.S. citizen a receipt notice indicating that they have received the petition and providing an approximate time frame for how long the processing will take. 

Most Frequently Asked Questions:

Question: Will there be a problem if the U.S. citizen and the fiancé(e) have not seen each other within the required two years?

Question: Probably so. A specific requirement for approval of the fiancé(e) visa petition is that there be evidence that the U.S. citizen and the fiancé(e) have actually met in person within two years of filing the petition.

One exception to this rule is if meeting your fiancée would have resulted in "extreme hardship" other than financial hardship. Other forms of hardship may qualify but that claim must be supported by documentary evidence.

Another exception to this requirement is that if according to social custom, the bride and groom are prohibited from meeting prior to the wedding day. This might occurr in an instance where marriages are arranged by the bride and groom's parents. Proof of the such a social custom must be documented in the form of letters from religious leaders.

Question: I am a U.S. permanent resident, may I bring my fiancée to the United States?

Question: No, there is no provision based in law which would allow a U.S. permanent resident to bring a fiancé(e) to the United States. A U.S. permanent resident can petition to bring a spouse to the U.S. However, because of the current back log this may take many years unless you become a U.S. citizen.

Question: Can my fiancée work in the U.S. after entering?

Question: At the port of entry into the U.S. your fiancé(e) might receive a stamp on the I-94 entry card or passport giving him/her temporary permission to work. Unfortunately, most points of entry have abandoned this practice.