How to File a Fiancé(e) Visa Petition and Get Approved Immediately

Sponsoring a fiancé(e) to the U.S. is increasingly chosen by couples who are in long-distance relationships and wish to shorten the distance to quickly reunite with their loved one in the land of the free.

However, not all couples know how to successfully file a fiancé(e) visa application.

Below, ImmiPath will guide you through everything you need to know about the documents, procedures, fees, and timeframes to help your fiancé(e) obtain a K-1 visa and reunite with you in the U.S. See it now!

1. What is a Fiancé(e) Visa to the U.S.?

A K-1 fiancé(e) visa is a non-immigrant visa that allows the fiancé(e) of a U.S. citizen to enter the U.S. to get married. After the couple marries in the U.S., the foreign fiancé(e) can then apply for a green card.

This process is significantly faster compared to applying for a green card through consular processing overseas. A K-1 visa can also be a good option if your U.S. citizen fiancé(e) cannot travel abroad to marry.

Sponsoring a fiancé(e) for a U.S. visa is only available to U.S. citizens (American nationals); permanent residents (green card holders) cannot sponsor their fiancé(e) to come to the U.S.

2. Requirements to Sponsor a Fiancé(e) for a K-1 Visa

To qualify for a K-1 fiancé(e) visa, couples must meet the following requirements:

• Either you or your fiancé(e) must be a U.S. citizen.
• You and your fiancé(e) must intend to marry within 90 days of your arrival in the U.S. on a K-1 visa.
• You and your fiancé(e) must be legally able to marry in the U.S., and any previous marriages must have been legally terminated by divorce, death, or annulment.
• Same-sex couples are eligible for the K-1 visa.
• You and your fiancé(e) must have met in person at least once within the two years prior to filing the application. If an in-person meeting would violate religious or cultural practices or cause extreme hardship, you can request a waiver of this requirement.
• You must be able to prove that your relationship is genuine with documentation from the beginning of the relationship until the engagement, such as phone call records, social media messages, flight tickets, photos together, engagement pictures, and evidence of financial support.
• Your U.S. citizen fiancé(e)’s household income must be at least 100% of the federal poverty guideline. If the income is below this threshold, your fiancé(e) must submit Form I-864 or Form I-864A along with their application.

3. Process for Sponsoring a Fiancé(e) for a K-1 Visa

If you and your fiancé(e) meet the requirements for a K-1 visa, you can apply by following these four steps:

3.1 Step 1: Submit Form I-129F

The first step in the process is for the U.S. citizen fiancee to file Form I-129F (Petition for Alien Fiance) to apply for a fiancee visa to go to the U.S. with the U.S. Citizenship and Immigration Services (USCIS). The purpose of this form is to establish that your relationship is genuine. The I-129F form must be filed by a U.S. citizen.

When you file the I-129F petition with USCIS, you will need to include the following supporting documents with your forms:

• Proof that your fiancé(e) is a U.S. citizen. This includes a copy of their U.S. passport, naturalization certificate, or birth certificate.
• A copy of your foreign passport.
• Evidence that your relationship is genuine and legal. Generally, the more evidence you provide, the better. This may include:

1. 1. Photos of you and your fiancé(e) together
   2. Flight records or hotel bookings from trips taken together or visits
   3. Letters, emails, or messages exchanged over the years
   4. Statements from family, friends, or colleagues who are aware of your engagement
   5. Proof that any previous marriages have been legally terminated if either party was previously married. This includes divorce decrees, death certificates, annulments, etc.
   6. Evidence that you have met in person at least once within the past two years. This evidence includes flight itineraries, hotel receipts, photos, letters/messages/emails, etc.

• Sworn statements, written and signed by both parties, describing your relationship and your intent to marry within 90 days of entering the U.S. It’s best to provide original signed affidavits and keep copies for your records.
• A copy of any I-94 arrival/departure records you received upon entering the U.S.
• A passport-style photo of both you and your fiancé(e).

The filing fee for Form I-129F is $535. You can pay this fee with a check, money order, or credit card. USCIS does not accept cash.

After you submit Form I-129F and supporting documents to the appropriate address, USCIS will send you a receipt notice within approximately 30 days. This indicates that USCIS has begun processing your case within that time frame.

USCIS typically takes 6-9 months to process Form I-129F. Each USCIS service center has different processing times, so the length of time it takes to process your petition depends on the service center to which you send your form.

While waiting, be attentive to any Requests for Evidence (RFEs) from USCIS. They will send these if they need additional information.

Once USCIS approves your Form I-129F, they will send an approval notice to the mailing addresses you provided on your form.

3.2 Step 2: Submit Form DS-160

After USCIS approves your Form I-129F, they will forward your case to the National Visa Center (NVC) of the U.S. Department of State. You will receive a notification from the NVC through the U.S. Embassy in your country about 30 days after USCIS approves your I-129F petition.

This notification will provide the date and location of your visa interview. It will also include a list of additional supporting documents and instructions on how to submit these documents to the U.S. Embassy in your area.

Make sure that the contact information you provided on your I-129F form is accurate; otherwise, you might not receive this notification.

Once you receive the notification from the NVC, you need to complete the Department of State’s Form DS-160 online: the Online Nonimmigrant Visa Application. This is the actual K-1 visa application. After completing this form, you need to print the confirmation page. This is important because you will need to submit the confirmation page to the embassy and bring it with you to your visa interview.

Documents Required from the U.S. Citizen Fiancé(e):

• Affidavit of Support (Form I-134): This legally binding document in which the U.S. citizen promises to use their resources to support their foreign fiancé(e) and ensure that they will not become dependent on government benefits in the future.
• Recent Tax Returns: You are only required to provide your most recent tax return, but it is advisable to include tax returns for the past three years.
• Proof of Relationship: Provide a copy of the initially approved I-129F petition submitted to USCIS as evidence of your relationship with your foreign fiancé(e).

Documents Required from the Foreign Fiancé(e):

• Two Passport-Sized Photos
• Birth Certificate
• A Valid Passport: Make sure your passport is valid and not expired.
• Criminal Record No.2 
• Sealed Medical Examination Report: This is provided by a doctor approved for immigration medical exams.

3.3 Step 3: Attend the Visa Interview and Pay the Fees

Your visa interview will take place at the U.S. Embassy or Consulate listed in the notice you receive from the National Visa Center (NVC). 

This is typically the U.S. Embassy or Consulate in the foreign fiancé(e)’s home country and will occur within 4-6 weeks after you receive the notice.

Only the foreign fiancé(e) is required to attend the visa interview. The interview is generally straightforward and not very stringent.

During the interview, you will need to pay the visa application fee of $265. The consular officer who conducts your interview will usually make a decision on the same day.

If additional information or documentation is needed, you will be asked to submit it to the U.S. Embassy or Consulate after the interview.

3.4 Step 4: Enter the U.S. and Get Married

Once your K-1 visa application is approved, you will receive a sealed visa packet. Do not open this packet! Customs and Border Protection (CBP) at the U.S. border will ask for it, and you might be denied entry if the packet has been opened.

You must enter the U.S. within 4 months from the date your K-1 visa is approved. After entering the U.S., you are required to marry your U.S. citizen fiancé(e) within 90 days. Failure to marry within this period will result in losing your K-1 status. If you decide not to marry, you must return to your home country as soon as possible.

You cannot change your status from a K-1 visa to any status other than a marriage green card. Additionally, the K-1 visa can only be used to marry the U.S. citizen who filed the I-129F petition.

After you marry, your foreign spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with the necessary forms and supporting documents.

USCIS will review Form I-485 and may request additional evidence if needed. 

Both you and your spouse may be required to attend an interview.

If your marriage is less than 2 years old at the time of filing Form I-485, USCIS will grant your spouse conditional permanent resident status with a green card valid for 2 years. 

Your spouse will need to apply to remove conditions 90 days before the 2-year green card expires. If the petition to remove conditions is approved, USCIS will grant your spouse unconditional permanent resident status with a green card valid for 10 years. After that, they can apply for U.S. citizenship 3 years after becoming a permanent resident.

3.5 What is the cost of sponsoring a fiancé(e) to the U.S.?

Here are the costs associated with sponsoring a fiancé(e) for a K-1 visa to the U.S.:

• Form I-129F Filing Fee: $535
• Consular Processing Fee (at the U.S. Embassy or Consulate): $265
• Medical Examination: Varies depending on your location
• Form I-485: $1,140
• Biometrics Fee: $85
• Additional Costs: May include translation of documents, travel expenses for interviews, and airfare to the U.S. if the visa is approved

4. Frequently Asked Questions about U.S. Fiancé(e) Immigration

4.1 How long does it take to process a K-1 visa?

The average processing time for a K-1 visa is currently 8 to 10 months. This timeframe does not include the period from when the government approves your application to the interview date, which can vary depending on the country where you are applying.

4.2 Can the K-1 visa be extended?

No, the K-1 visa can not be extended. It will automatically expire after 90 days. Generally, if you do not marry within 90 days, your fiancé(e) must leave the United States.

If they do not leave, it will be considered a violation of U.S. immigration law, which could lead to deportation. It may also affect their eligibility for entry into the U.S. and other immigration benefits in the future.

See More: U.S. Immigration Through Marriage

4.3 Can I work while on a K-1 visa?

Yes, as a fiancé(e) of a U.S. citizen, you are allowed to work while on a K-1 visa. To be eligible to work, you need to apply for an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization.

4.4 Can I leave the United States on a K-1 visa?

Unfortunately, the K-1 visa is a single-entry visa. You can only enter the U.S. once with this visa, and it is not valid for travel purposes.

You may apply for a travel document called Advance Parole, but by the time it is processed, your K-1 visa may expire. Since you are required to marry within 90 days, it is best to apply for Advance Parole along with your green card application.

Advance Parole requests are typically processed within 120 days. Therefore, if you need to travel abroad before receiving your green card, you can use the Advance Parole document as your travel authorization.

4.5 Can I apply for a K-1 visa without meeting in person?

Yes, you can still obtain a K-1 visa even if you have not met your fiancé(e) in person before. Although the general requirement is that you must have met in person at least once within the past two years before applying for the visa, USCIS may waive this requirement under two conditions:

• If meeting in person would violate the strict and long-standing customs and social practices of the foreign fiancé(e)’s culture.
• If the U.S. citizen is unable to travel abroad to meet the foreign fiancé(e).

4.6 Can I get a divorce after obtaining a K-1 visa?

You can get a divorce after obtaining a K-1 visa, depending on the timing and circumstances of the divorce. However, if the divorce occurs before you receive your green card, it may complicate matters.

This is because the foreign fiancé(e) generally needs the cooperation of the U.S. citizen to obtain the green card.

One of the primary requirements for obtaining a green card based on marriage is that you must still be married to the visa sponsor. While this requirement can be waived in some cases, it is often more challenging. For example, USCIS may require both of you to attend an interview.

Divorce after marrying on a K-1 visa can raise red flags, suggesting that the visa was obtained solely for immigration purposes rather than a genuine relationship, which is a serious violation of U.S. immigration laws.

Therefore, if you divorce before obtaining the green card, you will need to apply for a waiver with USCIS and provide credible and convincing evidence explaining why the divorce was unavoidable.

4.7 Can I bring my children to the U.S. with me on a K-1 visa?

You can bring your children under 21 years old to the U.S. with you on a K-1 visa.

You can bring your children to the U.S. with you on a K-1 visa, provided they are under 21 years old and unmarried.

If you include your children in your Form I-129F application and they qualify, they will receive a K-2 visa when you obtain your K-1 visa. Your children must remain unmarried and under 21 years old to be admitted to the U.S. as K-2 nonimmigrants along with you.

Your children can enter the U.S. either with you or after you, but they cannot enter before you. They can apply for a green card with you after you use your K-1 visa to marry your U.S. citizen fiancé(e).

With this information about the K-1 visa process, ImmiPath hopes to be helpful for those who are engaged to U.S. citizens and prepare the necessary procedures to bring their fiancé(e) to the U.S.

ImmiPath wishes that couples opening a K-1 visa application do so with genuine love and marry in the U.S. within 90 days of arriving, aiming to build a life and family together in America.

If you have any questions about the sponsorship paperwork to go to the U.S. for an engagement, please comment below the article, ImmiPath’s team of consultants will support and advise with all the experience and heart. help you soon reunite together in the United States of America.