Fiancé Visa Process: Step-by-Step Guide for International Couples

By: Jarbath Pena Law Group

If you plan to marry a beloved fiancé who resides in another country and start a life within the United States, understanding the fiancé visa process is a key step on that exciting journey. While it might seem overwhelming at first, making sure you are informed and have skilled legal support can put you in a position to confidently navigate the process successfully and bring your fiancé to the U.S. to begin your new chapter!

In this blog, we’ll break down everything you need to know about K-1 visas (also known as fiancé visas), from eligibility requirements to filing, interviews, and final approval, so you can approach this exciting milestone with confidence.

What is a Fiancé Visa (K-1)?

A fiancé visa (K-1 visa) allows a foreign national fiancé(e) to enter the United States for the purpose of marrying their U.S. citizen partner. After arriving in the U.S. on the K-1 visa, the couple must marry within 90 days.

Following the marriage, the foreign fiancé can apply for a green card (lawful permanent residency).

The K-1 visa provides a pathway for couples who wish to marry in the United States and eventually live together as permanent residents.

However, this visa has strict requirements, and failing to meet them can result in delays or denials. Let’s take a closer look at the steps involved.

Step 1: Verify Eligibility for the Fiancé Visa

Before applying for a K-1 fiancé visa, both you and your fiancé must meet certain eligibility requirements. Here’s what you need to know:

• U.S. Citizen Status - The petitioner (the U.S. citizen partner) must be a U.S. citizen. Lawful permanent residents (green card holders) are not eligible to sponsor a fiancé for a K-1 visa. 

• Intent to Marry - Both parties must intend to marry within 90 days of the foreign fiancé’s arrival in the U.S. This is a key component of the fiancé visa - if you don’t plan to marry within 90 days, the application will likely be denied.

• Physical Meeting Requirement - You and your fiancé must have physically met in person at least once within the two years preceding the application. There are a few exceptions to this requirement, such as if meeting in person would cause extreme hardship or if it would violate cultural or religious customs.

• No Prior Marriages or Valid Divorce Decree (Generally) - Both parties must be legally free to marry. This means that if either person has been previously married, they must provide proof of divorce or the spouse's death. This requirement helps ensure that the marriage is valid and legally recognized.

An experienced immigration lawyer can help you determine whether you qualify for a K-1 visa based on your specific circumstances. 

Step 2: File the Petition for a Fiancé Visa

Once you meet the eligibility requirements, the U.S. citizen partner must file the Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). This petition is the official request for the K-1 visa. The petition requires a range of personal information from both the U.S. citizen and the foreign fiancé. You will need to provide:

• Proof of U.S. citizenship (e.g., a copy of your birth certificate, passport, or naturalization certificate)

  
  

• Evidence of your relationship (such as photos, messages, and a timeline of your meetings)

  
  

• Proof of legal capacity to marry (such as divorce decrees or death certificates, if either party was previously married)

The USCIS processing time for a fiancé visa petition can take several months. Processing times can vary depending on the service center handling the petition and the complexity of your case. It’s important to be patient during this stage and to make sure all your documents are in order.

Step 3: USCIS Approval, Medical Exam, and Police Clearance

After USCIS approves the Form I-129F, they will forward the petition to the National Visa Center (NVC), which will then send it to the U.S. embassy or consulate in your fiancé's home country.

At this stage, your fiancé will need to schedule and attend a visa interview at the U.S. embassy or consulate. However, before the interview takes place, your fiancé must undergo a medical exam conducted by a physician approved by the U.S. embassy. The exam ensures that your fiancé meets health requirements for entry into the U.S.

Additionally, a police clearance certificate may be required from any country your fiancé has lived in for six months or more since the age of 16. This certificate confirms that your fiancé has no serious criminal history.

Step 4: Attend the Visa Interview and Await Approval

The visa interview is a critical step in the fiancé visa process. They will be asked about your relationship, their background, and their intent to marry in the U.S. in order to evaluate the authenticity of your relationship. There are several documents they must bring to the interview, including:

• Valid passport

• Copy of the USCIS-approved Form I-129F

• Birth certificate

• Proof of the relationship (photos, correspondence, etc.)

• Police clearance certificate (if required)

• Medical exam results from an authorized physician

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If there are no signs of immigration fraud and all the documents they provide are in order, your fiancé may be approved for the K-1 visa.

Visa Denials and Waivers

If the visa is denied, the consular officer will provide a reason for the denial. Common reasons for denial include insufficient evidence of the legitimacy of the relationship, past criminal history, or health issues. In some cases, a waiver may be possible, and an immigration lawyer can assist with this process.

Step 6: Travel to the United States and Get Married

Once the K-1 visa is approved, your fiancé can travel to the U.S. and your marriage must take place within 90 days of arrival. If the marriage does not occur within that time frame, your fiancé will have to leave the U.S.

After the Wedding: Applying for a Green Card

After the wedding, your fiancé can apply for a green card (permanent residency) through adjustment of status. This process can take several months, and your fiancé will need to attend another interview with USCIS to finalize their green card application.

Common Challenges in the Fiancé Visa Process

While the fiancé visa process is straightforward in theory, many applicants encounter challenges. Common obstacles include:

• Delays in processing: Sometimes, USCIS or the consulate may experience delays, which can extend the waiting period for approval.

  
  

• Inconsistent or insufficient evidence of the relationship: Make sure you provide solid proof of your relationship, including photos, travel documents, and communication records to show that your relationship is legitimate. Otherwise, you may be suspected of immigration fraud, which can lead to a denial.

  
  

• Visa denials: If your fiancé has a criminal record or health issues, it may result in a denial. In these cases, an immigration lawyer can help you explore possible waivers.

  
  

Don’t Face This Complex Process Alone! Jarbath Peña Law Group Can Help You Build a Bright Future With Your Partner. Get Started Today!

The fiancé visa process can be lengthy and complex, but it is a critical step for couples looking to marry in the U.S. and build a life together. By making sure you have a clear understanding of the requirements, thoroughly prepare for each stage, and address potential challenges with the aid of a skilled immigration lawyer, you can increase your chances of a smooth and successful application process!

Our dedicated team is here to guide you every step of the way and ensure your future together begins on the right foot. No matter what stage of the process you’re at, we can step in to put you in the best position for a successful outcome! Take the first step today and call to request your consultation and move forward.