Fiancé Visa

If you’re a foreign citizen engaged to a US citizen and ready to take your relationship to the next level by getting married in the US, you need to obtain a K-1 fiancé(e) visa. After obtaining the K-1 nonimmigrant visa, you must marry your fiancé(e) within 90 days of your entry to the US. In addition, the marriage should be valid and not purposefully done to obtain an immigration benefit. This type of visa allows you to stay in the US for a limited time and shouldn’t be confused with the marriage visa.  If you need help with your application, contact an experienced fiancé visa lawyer. 

 

What Is a K-1 Fiancé Visa USA?

This type of nonimmigrant visa allows a foreign-citizen fiancé(e) of a US citizen to enter the US as long as the couple gets married within 90 days of the foreign citizen fiancé(e) entry to the US. The US Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), issues the K-1 fiance visa. 

 

Definition of a Fiancé(e) According to the US Immigration Law 

According to the US immigration law, a fiancé is anyone with an approved I-129F Petition for Alien Fiancé(e) traveling to the US to marry a US citizen, who’s the sponsor. Both partners shouldn’t have any binding previous marital obligations. 

However, if they were in any previous marriage, the marriage should have been legally terminated. On the same note, the marriage should adhere to specific state laws where the two intend to marry. 

 

K-1 Visa Requirements 2022

There are certain requirements that both parties must meet before the approval of their I-129F Petition for Alien Fiance(e) by the USCIS. These fiancé visa requirements include:

• One party should be a US citizen. 
• Both parties should intend to get married within 90 days after the foreign-citizen fiancé arrives in the US using their K-1 visa.
• If you or your fiancé were in a binding marital obligation, the marriage should have been legally terminated by divorce, death, or annulment.
• Both parties should have met in person at least once in the two-year period before the I-129F Petition for Alien Fiancé(e) was filed. If it’s against you or your partner’s religious or cultural practices to meet in person before marriage, then you can request the USCIS to waiver the in-person meeting requirement.
• The relationship has to be legitimate. There should be evidence showcasing how the relationship started.
• The US citizen fiancé who files for the petition should have an income of at least 100% of the Federal Poverty Guidelines. If their income is below 100%, they should attach a supplemental Form I-864 or Form I-864A with their petition.

 

How To Obtain a K-1 Fiancé Visa

If you and your fiancé meet all requirements to receive a K-1 fiancé visa, you can follow the steps below to apply for one. 

 

File Form I-129F

The US citizen fiancé needs to file Form I-129F, also known as the K-1 visa petition with the USCIS. The form provides proof of the legitimacy of the relationship between the two lovebirds. 

 

Documents Required To File Form I-129F Petition for Alien Fiancé

The US citizen fiancé has to include supporting documents when filing Form I-129F petition with USCIS. Here’s the K-1 visa checklist:

• Documentation that serves as proof that they’re actually US citizens, e.g., their US passport, birth certificate, or naturalization certification.
• Foreign passport copy.
• Proof that the relationship is legitimate. This can be in the form of Pictures of them and their fiancé together. 
• Flight records.
• Hotel reservations.
• Letters, emails, or texts they exchanged with each other.
• Written statements from people who know that you and your fiancé are engaged.
• If both or any of the parties were formally married, they should provide proof that the marriage(s) was legally terminated. This kind of proof can be a death, divorce, or annulment certificate.
• Proof that they have met their foreign-citizen fiance at least once within the past two years before the petition was filed. This can be flight itineraries, hotel receipts, photos, etc.
• Sworn statements from both parties that they intend to get married within 90 days after the foreign non-citizen fiancé arrives in the US.
• Each partner should provide a passport-style photo.

 

File Form DS-160

After filing Form I-129F and receiving approval from USCIS, you should complete Form DS-160 online, print the confirmation page, and then send the printed confirmation page to the embassy processing the K-1 visa application. The embassy will request the following documents from you and your partner:

 

Documents required from the US citizen fiancé:

• Form I-134, also known as the Affidavit of Support;
• Recent tax returns;
• A copy of the USCIS approved Form I-129F.

 

Documents required from the foreign-citizen fiancé:

• Two passport-style photographs.
• Birth certificate.
• A copy of their valid passport.
• Police clearance forms from the countries they lived for more than six months since they were 16 years old.
• A medical exam form from an approved doctor.

 

Attend the Visa Interview

The visa interview may probably take place in the foreign citizen’s home country and will occur 4-6 weeks after you receive a notice from the National Visa Center. You’ll need to pay a $265 K-1 fiancé visa fee at the visa interview.

 

Please note that the fee might change without prior notice. Working with a fiancé visa lawyer ensures you’re up-to-date with the latest K-1 visa requirements.

 

After the interview, the consular officer who conducted the interview will decide whether to approve the K-1 visa application or not. If approved, you’ll need to enter the US within four months after your K-1 visa application is approved and then get married within 90 days of entering the US. 

 

Do I Need a Fiancé Visa Lawyer for K-1 Visa?

It’s not a requirement to have a lawyer help you process your K-1 visa. However, hiring a qualified K-1 fiancé visa lawyer like Serah Waweru and her team is highly recommended. 

Such an attorney ensures that you submit the appropriate documents, preventing problems that might delay your application or even lead to a denial.   

 

How Much Does a Fiancé Visa Lawyer Charge for K-1 Visa?

Every case is different; the fiancé visa lawyer cost varies from one law firm to another. For this reason, it’s best to talk to your attorney about the fees during the initial consultation.

 

Is It Worth Getting a Fiancé Visa Lawyer for K-1 Visa?

The process of applying for a K-1 visa can be stressful and complicated. Nevertheless, qualified lawyers like Serah Waweru and her team does almost everything on their client’s behalf, making the entire process pretty straightforward. 

 

How Long Does It Take To Get a K-1 Fiancé Visa?

The K-1 fiancé visa timeline varies, but it takes about six to nine months to get a K-1 visa under normal circumstances. The fiancé visa USA processing times 2022 and beyond may differ from their standard averages as the world continues to recover from the unprecedented global Covid-19 viral pandemic. 

 

Is Getting a K-1 Visa Difficult?

If you meet all requirements and follow all the application procedures correctly, you have a higher chance of obtaining a K-1 fiancé visa. However, failure to meet USCIS requirements will lead to the rejection of your application.

 

Can a Fiancé Visa Be Denied?

Yes, a fiancé visa can be denied if you or your partner fails to meet USCIS K-1 visa application requirements.

 

Which Visa Is Faster Fiancé or Spouse?

On average, the fiancé visa processing time is much shorter compared to the spouse visa processing time. However, spousal visa applications have a higher approval rate because they’re considered more ‘secure’ than fiancé visas.

 

How Much Does a Fiancé Visa Cost?

The total fees for processing a fiancé visa may roughly cost about $1000. Still, you’ll need to confirm the correct fiancé visa cost on the official website of the USCIS and Department of State. Alternatively, an experienced fiancé visa lawyer like Serah Waweru can break down the costs for you, helping you prepare for everything well in advance. 

 

What Percentage of Fiancé Visas Are Approved?

According to a USCIS report, the percentage of fiancé visas approved in 2016 was around 90% but dropped to 66% to curb attempted fraud efforts. To increase your chances of approval, it’s always advisable to work with an experienced immigration attorney like Serah Waweru. 

 

How Can I Speed Up My Fiancé Visa?

You can’t speed up your fiancé visa application, but there are several things you can do to avoid delays. These include:

• Calling the National Visa Center to confirm your case number instead of waiting for a letter.
• Meeting all requirements. 
• Accurately filling out all required forms.
• Providing adequate proof of your relationship. 

 

Can a Green Card Holder (Lawful Permanent Resident) Petition for a K-1 Visa?

A green card holder or lawful permanent resident can’t file Form I-129F; only a lawful US citizen is allowed to do so. 

 

Looking For an Experienced Fiancé Visa Lawyer? Contact The Law Office of Serah Waweru Today!

Whenever you need help with your K-1 fiance visa petition, the Law Office of Serah Waweru is always ready to help. Call us today or send us a message online to schedule a consultation!