What is a Fiance Visa?

A Fiance Visa, also known as the K-1 Visa, is visa given to foreign citizens who plan to enter the US to get married to a US Citizen. 

The K1 Visa allows a US Citizen to invite their fiance into the USA for 90 days.  During these 90 days, the US Citizen and the fiance must either marry each other or the fiance must return to his/her home country.  

Legal Permanent Residents (Green Card holders) of the USA are not eligible to file a K-1 visa application for a foreign fiance.

Fiance Visa Requirements

1.  Applicant must be a USA citizen;

2.  The US Citizen and the fiance are both legally free to marry;

3.  The US Citizen and the fiance must have met in person within the previous two years (cultural exceptions are permitted); and

4.  The US Citizen and the fiance must both have the intention to get married within 90 days of the arrival of the fiance to the USA.

 

STEP 1 -- Application with USCIS

First, the US Citizen must apply for a fiance visa with USCIS.  This process requires that the US Citizen file numerous forms and supporting documents with the USCIS in order to prove that the US Citizen and the fiance qualify for the K-1 Fiance Visa.

Fiance Visa Processing Time:   The K-1 Visa processing time with USCIS (Step 1) is 3 to 4 months on the average, but can take anywhere from two weeks to seven months.  The time factor mostly depends on the number of K1 visa applications that need to be resolved before USCIS gets to your application.  But the biggest delays are caused by errors in the petition documents. Form  I-129 application errors usually double the normal waiting time for the fiancee visa approval.

 

STEP 2 -- US Embassy / Consulate Interview

After Step 1 is approved, your K-1 visa application is then reviewed by the US National Visa Center. The National Visa Center conducts a background check on the fiance.  Then, your K-1 visa application is forwarded the U.S. Embassy or Consulate where the fiance will be interviewed.

Prior to the fiance interview, the fiance will receive instructions to undergo a medical examination at a designated local clinic.  These instructions will also provide a list of documents and forms that need to be presented at the fiance interview with an US Consular Official.

If the paperwork is all correct, and there are no problems in the interview, the visa will be issued within 1 to 7 days after the interview.  With the visa in hand, the fiance may enter the USA.

A Fiance Visa is a temporary visa, but it can be converted to a permanent visa after the couple is married in the U.S.  

Once married, the U.S. Citizen must apply for conditional permanent residence status for his/her new spouse.  A few months later the married couple is called for an interview with a USCIS officer.  If the fiance interview goes well, a two year conditional permanent residence card is issued to the fiance. 

One year and nine months after the conditional permanent residence card is issued by USCIS, the couple may apply to remove the condition and obtain a 10 year permanent residence card (also known as Green Card).  Thereafter, the foreign spouse needs to wait only three years after the Green Card is issued to become eligible to apply for US Citizenship.