Fiancé Visa & Frequently asked Questions

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the . . .

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. Once you and your fiancé marries within the required 90 day period, you may adjust your status by applying for your green card.

FAQ: Frequently Asked Questions

1. What are the fees for filing a fiancé/(K-1) visa application?Form I-129 F application is $535 (subject to Oct. 2, 2020 changes)Form DS 260- $265 visa fee (subject to Oct. 2, 2020 changes)
2. Can I apply for a fiancé/(K-1) visa if we’ve never met in person?Unfortunately, no. USCIS strictly requires proof that you have met in person at least once in the past 2 years.
3. Can we still apply for a fiancé/(K-1) visa if my fiancé is already here in the US and has overstayed their visa?The answer to this question is also no. The non-citizen fiancé must be residing outside of the US in order to apply for a K-1 visa.
4. Does the US citizen sponsor spouse criminal background affect the foreign fiancé from getting a visa?It depends on what kind of criminal record they have. Typically, offenses that involve harm to a child including, trafficking, prostitution, video voyeurism, child pornography, etc will likely result in an automatic denial for a K-1 visa for the US sponsor.
5. What if my fiancé has kids, can they come too?Yes, if your finance has/have a child(ren) who is(are) not married and under the age of 21, you could include their names on your application. They will get a K-2 visa.**However, in order for them to migrate with your fiancé, they must still be under 21 and not married.**
6. What happens if me and my fiancé don’t get married within the 90 days?There are 2 options:a. If you do not marry and have no intention to get married within the 90 days, the K-1 visa and/or K-2 visa expires and/or fiancé must leave the US. (They will be here illegally and could be subject to deportation.)

   b. If you and your fiancé marries after the 90 days, you could file a relative petition to adjust their status. The form that must be filed is I-130.

7. How long is the processing of a fiancé/(K-1) visa?It used to be about 6-7 months. However, since the Coronavirus many of the consulate offices are closed and not processing any visas.
8. What may disqualify my fiancé from getting a (K-1) visa?a. Overstaying a previous visa.b. Drug trafficking.

   c. Submitting fraudulent documents.

9. Is there a limit to the amount of fiancé visas for one applicant?a. Yes, two or more filings of a K-1 visa requires a waiver to be filed.b. Also, if you’ve had a K-1 visa approval visa within the past 2 years, you must also file a waiver.