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An Overview Of The Requirements For Fiancé Visas

An Overview Of The Requirements For Fiancé VisasIn this article, you can discover that:

  • US citizenship is a requirement for a fiancé visa.
  • The US citizen petitioner and the fiancé must intend to marry and be legally free to do so.
  • An in-person meeting is required, but waivers can be requested in some circumstances.

What Are The Requirements For Fiancé Visas?

To apply for a fiancé visa, also known as a K-1 non-immigrant visa, there are certain requirements that need to be met. This article outlines the main requirements for a fiancé visa.

1- US Citizenship Requirement

The petitioner must be a US citizen to apply for a fiancé visa. If the petitioner is a legal permanent resident or visa holder, they cannot apply for a fiancé visa.

2- Intention To Marry

Both the US citizen petitioner and the fiancé must intend to marry each other within 90 days of the fiancé’s admission to the United States on a K-1 non-immigrant visa.

3- Legal Freedom To Get Married

Both the US citizen petitioner and the fiancé must be legally free to get married. If either party was previously married, they must provide proof of divorce decree. If a spouse has died, they must provide proof of being a widower or widow.

4- In-Person Meeting Requirement

The US citizen petitioner and the fiancé must have met in person at least once within the two-year period before the petition is filed. However, there are exceptions to this requirement. A waiver may be requested if an in-person meeting would violate strict or longstanding customs of the fiancé’s foreign culture or social practice, or if it would cause extreme hardship to the US citizen petitioner.

What Is The Application Process For A K-1 Fiancé Visa?

Once the requirements have been met, the petitioner can submit a form I-129 to start the application process. This includes proving that the petitioner is a US citizen, that the couple has met in person at least once, that they are both legally free to get married, and that they intend to marry within 90 days.

After the application is approved, the National Visa Center (NVC) forwards the approved form I-129F to the U.S. Embassy or consulate where your fiancé(e) will apply for the visa. Once Department of State Notice is received, Form DS-160 is filed and I-134 is completed.

1- Completing The Interview & Medical Exam

Base on embassy procedures they may issue an interview, or you must schedule it yourself. The fiancé must attend an interview and complete a medical exam. At the interview visa applicant must bring required documents for the interview. Once they pass these steps, they can enter the US on a K-1 non-immigrant visa.

2- Getting Married

After entering the US, the couple must get married within 90 days. Once they are married, they can adjust their status from a K-1 non-immigrant visa to a green card holder. With the adjustment of status application, a work permit application is submitted however, it’s important to remember that an applicant cannot work in the US until having their work permit approved. The fiancé cannot work until they obtain a work permit.

3- Obtaining Conditional Green Card

Most fiancé visas result in a conditional green card, which is valid for two years. The couple must remove the conditions on the green card 90 days before the two-year period ends to get a regular green card that is valid for 10 years. This is to prevent fraud and determine if the marriage is legitimate. For more information on Requirements For A Fiancé Visa In The US, an initial consultation is your next best step.

Julie Moreno, Esq. - Family-Based Immigration Lawyer - Orange, CA

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(562) 352-2861

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