Fiancé(e) Visa Lawyers
Requirements for Fiancé(e) Visa Eligibility
In order to be eligible for a fiancé(e) visa, a couple must meet a number of requirements:
- The sponsoring fiancé(e) must be a U.S. citizen. A U.S. lawful permanent resident (green card holder) is not eligible to sponsor their fiancé(e) for a K-1 visa.
- The relationship must be proved to be valid.
- This includes proof that the couple has met in person at least once within two years of applying for the fiancé(e) visa. (This requirement can be waived in cases of extreme hardship or situations where meeting in person would violate certain religious, cultural, or social norms.)
- The couple must each submit a signed document stating they intend to get married within 90 days of the foreign fiancé(e)’s arrival in the U.S.
- Other evidence such as the booking of a venue or a wedding invitation can be included here.
- The sponsoring U.S. citizen must meet the income requirements for K-1 visa, namely the adjusted gross income on their most recent tax return must equal to at least 100%$ of the Federal Poverty Guidelines.
- Applications may use a joint sponsor if they are not able to meet the income requirement on their own.
Fiancé(e) Visa Application Process
The process of acquiring a fiancé(e) visa must be handled by the U.S. citizen. The first step of the application process is submitting Form I-129F to the USCIS, which aims to prove that the relationship is valid. Along with your form, you will also submit supporting documents such as passport-style photos of both partners.
Once your sponsorship form is approved, the foreign fiancé(e) will receive a notice from the U.S. Embassy in their home country including the date and location of their visa interview and a list of required documents.
Following the interview, the sponsored fiancé(e) must fill out the actual K-1 visa application . It’s important to print the confirmation page once the form has been submitted online.
Decisions based on the visa interview will typically be made on the same day of the interview or shortly afterward.
Once requirements are met and the K-1 visa is approved, the sponsored fiancé(e) is given a total of six months from the date of approval of the initial I-129F form to travel to the United States.
Upon arrival, the couple must get married with 90 days, or the sponsored fiancé(e) will lose their K-1 status. If the couples decides not to get married, the sponsored partner will not be eligible to remain in the United States and is required to leave the country right away.
How Much Does a Fiancé(e) Visa Cost?
The total cost for a K-1 visa is $800. This includes combined fees for Form I-129F ($535) and the actual K-1 visa application ($265). In addition to the total visa cost, the engaged partner of the U.S. citizen will be required to complete an immigration medical exam, which typically costs around $200.
What Happens After Getting Married Using a Fiancé(e) Visa?
After getting married, the final step to living your wedded life legally in the United States is to apply for a marriage-based green card, which will be sponsored by the same partner who originally sponsored the K-1 fiancé(e) visa.