What is a US Fiance Visa and How Does it Work?
If you are a US citizen and you have fallen in love with someone without a US citizenship, you can apply for a K-1 visa. The K-1 visa is also referred to as a fiance visa.
For couples seeking a K-1 visa, the process may seem long and daunting but is intended to protect citizens from unhealthy marriages. Follow these tips to being united once again!
K-1 Fiance Visa Timeline Overview:
*You file the K-1 Fiance Visa Petition
*In two to three weeks, following the mailing, your petition will be reviewed. You will receive notice the agency has received the petition.
*In four to six months you will receive a Notice of Action indicating your petition has been approved
*Within two weeks of your approval, your petition will be sent for a security check on your fiance.
*Within four weeks, if the security check is approved, your file will be sent to the US Embassy in your fiance’s country
*Within a week the US Embassy sends your fiance a letter with instructions scheduling a medical exam and interview
*Your fiance gathers the documents for the Embassy
*Your fiance must have the medical examination
*Your fiance has an Embassy interview
*The K-1 Fiance Visa is issued
*The fiance enters the US.
*You have your wedding ceremony.
After Arrival in the US
You must first file a Form I-129F, Petition For Alien Fiance(e). You and your fiance must also marry within 90 days after s/he enters the United States as a K-1 non-immigrant. (If you do not marry within 90 days then they must return to his/her home country). Of course, the marriage is required to be valid. This means you and your fiance have all intents to create a mutually happy life together. The marriage cannot be to obtain the benefit of immigration.
If you and your fiance meet the requirement of marrying within 90 days of them being admitted to the US, entering as a K-1 non-immigrant, they can then apply for the permanent resident status. This allows your partner to obtain a Green Card. This will authorize your partner to work in the United States.
In a situation where you have already married or you plan to marry but not in the United States, or your fiance(e) is presently residing legally in the US, this results in your spouse or fiance(e) not being eligible for a K-1 visa.
Requirements for K-1 Visa Eligibility:
- One person in the couple is a US citizen
- You both intend to be married within 90 days of your fiance(e)’s entry into the US using a K-1 non-immigrant visa
- You are both free to be married
- You met each other at least one time during the two years, in person, before filing the petition.
- This requirement can receive a waiver if:
- (a) it violates long-established customs in regards to your fiance(e)’s culture/social practice
- (b) it causes extreme issues to you, the US citizen petitioner.
- This requirement can receive a waiver if:
Reasons for K-1 Visa Possible Rejection
Since the K-1 visa offers immediate immigration, as well as the eligibility to become employed in the US, it is in the category of high fraud. You need to make certain this is not your intent. This means that some people use the visa as a way to enter the country when they may not be in love or committed to their fiance(e), or they want to enter the US to become employed. This is sometimes referred to as a ‘sham marriage.’
Determining if marriage is a fraud is very important to the USCIS. Officials of the government have specialized training to identify any fraud. They have special considerations for a valid marriage such as common religion or language, shared holidays, events, and vacations, combined property and finances, and more. Most importantly, however, is the intention to maintain a genuine marital relationship.
In 1980 a survey discovered that approximately 30 percent of the marriages are suspicious. If it is determined the marriage is a fraud, there are serious consequences. They include the possibility of incarceration for possibly five years, a $250,00 fine, or both.