July 4, 2023

Fiance Visas: Bringing Your Loved One to the United States

by Zachary A. Westenhoefer

Understanding the K-1 Fiancé Visa

The K-1 visa is designed to facilitate the entry of foreign fiancé(e)s of US citizens into the United States. It allows the couple to have a legal wedding ceremony and initiates the process of obtaining permanent residency for the foreign fiancé(e) in the US.

Eligibility and Requirements

To be eligible for a fiancé visa, the petitioner (US citizen) and the foreign fiancé(e) must meet certain requirements. These include having a genuine intention to marry within 90 days of the foreign fiancé(e) entering the US, having met each other in person within the past two years (with limited exceptions), and being legally free to marry.

The Petition Process

The first step in obtaining a fiancé visa is for the US citizen petitioner to file a Petition for Alien Fiancé(e) (Form I-129F) with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship and intention to marry. Once the petition is approved, it is forwarded to the US embassy or consulate in the foreign fiancé(e)'s home country.

Processing at the US Embassy or Consulate

After receiving the approved petition, the US embassy or consulate will notify the foreign fiancé(e) and provide instructions on further steps, including completing the necessary forms, attending a medical examination, and scheduling an interview. The interview is designed to assess the validity of the relationship and the intention to marry.

Entering the United States

Once the visa is approved, the foreign fiancé(e) can enter the United States. It's important to note that the fiancé(e) must marry the US citizen petitioner within 90 days of entry. After the marriage takes place, the foreign spouse can apply for Adjustment of Status to become a lawful permanent resident (green card holder).

Important Considerations

While the fiancé visa process provides an opportunity for couples to be together, it's essential to consider certain factors. These include the financial obligations of the US citizen petitioner, potential challenges during the application process, and the importance of genuine documentation and evidence of the relationship.

The fiancé visa, or K-1 visa, offers a pathway for US citizens to bring their foreign fiancé(e)s to the United States for the purpose of getting married. By understanding the process, meeting the requirements, and considering important factors, couples can navigate the journey of bringing their loved ones to the US. Consulting with an experienced immigration attorney can provide invaluable guidance and ensure a smoother process.

Please remember that the information provided in this blog post is for informational purposes only and should not be considered legal advice. For personalized guidance based on your unique circumstances, it's best to consult with a qualified immigration attorney. Please reach out to me with any questions or if you would like to schedule a free initial consultation.