Often referred to as the great melting pot, the United States is seen as a fusion of nationalities. As many as 20% of all married couples in the U.S. have at least one foreign-born spouse. Foreign nationals have multiple ways to legally live in the U.S. when sponsored by a family member who is a citizen.
A K-1 visa, also called a fiance visa, is issued to a fiance of a United States citizen. It grants an immigrant lawful entry into the country to marry the U.S. citizen petitioner. Eligibility requirements, fees, and time limits apply, and you’ll need to know them before filing the K-1.
How Does a Fiance Visa Work?
A United States citizen who wishes to bring a foreign fiance into the country to get married needs to petition for a fiance visa. The first step is to file a Form I-129F, Petition For Alien Fiancé(e). If your fiance is granted a K-1 visa, you must get married within 90 days of their entry to the United States.
If you marry your fiance within 90 days of being admitted to the U.S., the next step is to sponsor your spouse for a permanent resident card, also called a green card. This will allow your spouse to live and work in the United States as you two build your life together.
Who Is Eligible for a Fiance Visa?
A K-1 visa will allow you to bring your foreign spouse to the United States. However, you must meet eligibility requirements. You may apply for a fiance visa if:
- The sponsoring spouse is a U.S. citizen
- The sponsoring spouse meets the income requirements
- Both partners are free to marry
- The couple has met in person within the last two years
You will need supporting documents to prove the legitimacy of your relationship. This includes photographs, letters, and your wedding plans. You will also need to provide a signed statement declaring your intention to get married within 90 days of your fiance’s arrival to the U.S.
What About Same-Sex Couples?
Same-sex marriage has been legal in the United States since the U.S. Supreme Court voided all state bans on June 26, 2015. Whether or not your fiance’s country of origin allows same-sex marriage, U.S. fiance visas are available to same-sex couples.
Who Cannot Apply for a Fiance Visa?
Not everyone will qualify for a fiance visa. You are not eligible to apply for a fiance visa if:
- The sponsoring spouse is a green card holder
- Your fiance lives in the U.S.
- You two are already married
- You plan to get married in your fiance’s home country
Applying for a Fiance Visa
There are three main steps to securing a fiance visa for legal entry into the United States: filing Form I-129F, filing Form DS-160, and an in-person interview. Each step requires specific documentation. If there is not enough information to make a decision, you will receive a request for evidence (RFE).
Form I-129F
The first step to obtaining a fiance visa is filing Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This form validates your relationship and eligibility for a fiance visa. Be sure to include evidence such as:
- Proof of the sponsor’s U.S. citizenship
- A copy of the foreign fiance’s passport
- Photos or other proof of a relationship
- Evidence of an in-person meeting in the last two years
- A written statement from both parties stating their intent to marry within 90 days
- A passport-style photo of both parties
Form I-129F has a $675 filing fee. After your application and all required documents are received, USCIS will mail a notice of receipt within 30 days. You will receive written notification when your request has been approved.
Form DS-160
Next, the foreign fiance completes Form DS-160, Online Nonimmigrant Visa Application, on the State Department’s website. This form applies for a K-1 visa. The following documents are required at this stage:
- Two passport-style photos of the foreign fiance
- The foreign fiance’s birth certificate
- Proof of the foreign fiance’s valid passport
- A sealed medical exam form
- A police clearance certificate that is less than six months old
- A copy of your I-129F document packet
- The U.S. citizen’s most recent tax returns
- The U.S. citizen’s Form I-134, affidavit of support
Form DS-160 requires applicants to pay a $265 visa fee. After submitting the form, print the confirmation page.
Marriage Interview
The next step towards obtaining a fiance visa is an interview conducted by the U.S. Department of State. The foreign fiance will be notified of the date, time, and the U.S. embassy in their home country where they will attend an interview. The U.S. Department of State will provide a list of documents to bring to the interview.
After a Fiance Visa Is Issued
Once your fiance visa application has been approved, the sponsored fiance is issued a visa to enter the United States. This visa is valid for up to six months after the date it is issued. You must get married within 90 days or the K-1 visa becomes null and void.
After getting married, you may apply for a green card by filing Form I-485, Adjustment of Status. This requests permanent residency so your spouse may live and work in the United States indefinitely.
How Long Does It Take to Get a Fiance Visa?
From start to finish, it can take about a year to get a fiance visa. Processing times may vary. Errors, conflicting information, or missing documents resulting in a request for evidence may delay your application process.
It can take up to five weeks for your Form DS-160 to process. USCIS may take up to 10 months to process your Form I-129F application. It may be another six weeks before USCIS sends an interview request at your nearest U.S. embassy or consulate. Your petition for a fiance visa may be approved as soon as your interview is complete or soon after.
What Is the 2-Year Rule for a K-1 Visa?
The “2-year rule” for a K-1 visa refers to the requirement that the U.S. citizen petitioner and their foreign fiancé must have met in person at least once within the two years immediately preceding the filing of Form I-129F. This rule is designed to verify the authenticity of the relationship. Key points include:
- Physical meeting requirement: Couples must provide evidence of having met face-to-face within the last two years before submitting their application.
- Relationship duration not relevant: The rule doesn’t require a two-year relationship, just a meeting within that time frame.
- Virtual meetings insufficient: Online interactions, video calls, or phone conversations do not satisfy this requirement.
- Possible exceptions: Waivers may be granted if meeting in person would violate strict and long-established cultural or religious customs or cause extreme hardship to the U.S. citizen petitioner
- Waiver requests: If unable to meet, couples can request a waiver when filing Form I-129F, providing evidence of why meeting was impractical or impossible.
This rule helps USCIS ensure the relationship is genuine and not solely for immigration benefits. Remember, the rule is about meeting before applying, not about waiting after entering the U.S. on a K-1 visa.
How Much Does a Fiance Visa Cost?
In total, you can expect a fiance visa application to cost about $2,025. However, additional fees may apply. Between filing fees, the medical exam, and legal counsel, the entire process of applying for a fiance visa can cost up to $5,000.
What if a Foreign Fiance Has Children?
Unmarried children under age 21 may accompany a parent traveling to the United States on a fiance visa. The only requirement is that they be legally recognized as the petitioner’s children. Children of an alien fiance may enter the U.S. on a K-2 visa. Children eligible for a K-2 visa include:
- Children parented together with the sponsoring U.S. citizen
- Children from a previous relationship
- Children born out of wedlock
- Adopted children
You can file for a K-2 visa concurrently with a fiance visa. When filing Form I-129F, include the names of any children in Part 2. Extra sets of forms required for the K-2 visa will be sent.
Do You Have to Get Married in the US on a K-1 Visa?
If for whatever reason, you do not marry your fiance within the allotted 90-day period, your fiance will need to leave the country immediately when the K-1 visa expires. Any dependants will also lose their visa status and have to leave the country.
A fiance visa cannot be extended beyond 90 days, nor can it be renewed. A foreign national who enters the U.S. on a K-1 visa cannot convert to another visa. They also cannot obtain a green card through marriage after marrying anyone other than their approved U.S. citizen sponsor.
Can My Fiancé Work On A K-1 Visa?
Your fiancé cannot work immediately upon entering the U.S. on a K-1 visa. However, they can apply for work authorization after arriving. Here’s a breakdown of the process:
- Initial entry: Upon entering the U.S. on a K-1 visa, your fiancé is not permitted to work.
- Marriage requirement: You must marry your fiancé within 90 days of their arrival.
- Applying for work authorization: After marriage, your fiancé can file Form I-765 (Application for Employment Authorization). This can be done concurrently with Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Processing time: It typically takes USCIS 3-5 months to process the work authorization application, though times can vary.
- Temporary nature: The work permit issued is temporary, valid until a decision is made on the green card application.
- Cost: Effective from 2024, the filing fee for Form I-765 is $520.
- Restrictions: Once approved, there are no restrictions on the type of work your fiancé can perform.
It’s important to note that working without authorization can jeopardize your fiancé’s immigration status. Always follow the official process and wait for approval before starting employment.
Mistakes to Avoid When You’re Applying for a K-1 Fiance Visa
When applying for a K-1 fiancé visa, USCIS will be looking for any sign that your relationship isn’t genuine and is, in fact, immigration fraud. That’s why avoiding mistakes is crucial to ensure a smooth process.
Here are some of the biggest mistakes to avoid if you want fiance visa approval:
- Not meeting eligibility requirements: Ensure you’re both legally free to marry and verify you’ve met in person within the last two years (with some exceptions)
- Incomplete or inaccurate paperwork: Fill out all forms completely and accurately, and don’t forget to double-check for errors or missing information
- Insufficient evidence of relationship: Provide substantial proof of your genuine relationship, including photos, correspondence, travel records, etc.
- Missing deadlines: File within required timeframes and respond promptly to any requests for additional information
- Inadequate financial documentation: Ensure you meet income requirements and provide clear and complete financial records
- Inconsistent information: Ensure all information is consistent across all forms and interviews
- Overlooking criminal records: Disclose any criminal history, no matter how minor, and provide required documentation for any past offenses
- Poor interview preparation: Be ready to answer questions about your relationship, and review your application thoroughly before the interview
- Ignoring cultural and language barriers: Use certified translators for non-English documents and be aware of cultural differences that might affect your application
- Not seeking professional help when needed: Consider consulting an immigration attorney for complex cases
- Submitting low-quality or insufficient photos: Include clear, recent photos as required
- Misunderstanding the 90-day rule: Remember, you must marry within 90 days of your fiancé’s arrival in the U.S.
- Failing to disclose previous visa applications or denials: Be honest about all past immigration interactions
When it comes to USCIS, the more complete, accurate, and honest your documentation is, the greater your chances are of having a favorable outcome.
How Much Money Do You Need to Sponsor a K-1 Visa?
To sponsor a K-1 visa (fiancé visa) in the United States, you need to meet certain financial requirements. The main requirement is demonstrating that you can financially support your fiancé when they arrive in the U.S. This is typically done by meeting income thresholds or having sufficient assets.
As of 2024, the main financial aspects for sponsoring a K-1 visa are:
- Income requirement: The U.S. citizen sponsor generally needs to earn at least 100% of the Federal Poverty Guidelines. For 2024, this is $15,060 for a two-person household in most states.
- Form I-134A: The sponsor must file this Affidavit of Support to show they can financially support the fiancé.
- Alternative options: If the sponsor’s income is insufficient, they may use assets (such as savings, property, or stocks), a combination of income and assets, or a joint sponsor (another U.S. citizen or permanent resident who meets the income requirements)
It’s important to note that exact requirements can change and may vary based on individual circumstances. Additionally, there are other costs associated with the K-1 visa process, such as filing fees. To make sure you understand the documents and fees that are required in the K-1 visa process, reach out to FileRight. Our online services make it easier to get through the process and move on with your life.
