Fiancé Visa Guide: Bringing Your Loved One to the U.S.

By Jarbath Pena Law Group

You have found the person you want to spend the rest of your life with. You’ve said "yes" to the proposal, celebrated the engagement, and started dreaming about your future together. There is just one significant hurdle standing in the way of your "happily ever after" - a national border.

If your fiancé is a foreign national living abroad, planning a wedding isn't just about picking flowers and a venue. It involves navigating the complex world of U.S. immigration law. The distance is hard enough without the added stress of confusing government forms and strict deadlines.

Many couples in this situation turn to the K-1 Nonimmigrant Visa, commonly known as the Fiancé Visa.

Think of the K-1 visa as a bridge. It allows your partner to cross the border specifically for the purpose of getting married and starting a life in the United States. While the process involves detailed paperwork and patience, understanding the roadmap can turn an overwhelming journey into a manageable checklist.

Here is everything you need to know about bringing your loved one to the U.S. with a Fiancé Visa.

The Eligibility Checklist: Do You Qualify?

Before you start filling out forms, you need to ensure you meet the specific requirements set by U.S. Citizenship and Immigration Services (USCIS). The K-1 visa is not for everyone; it is designed for a very specific set of circumstances.

To qualify, you must meet the following criteria:

• You must be a U.S. Citizen: This is non-negotiable. Permanent Residents (Green Card holders) cannot petition for a fiancé visa. If you have a Green Card, you must marry your partner first and then file for a spousal visa.

• You must be free to marry: Both you and your fiancé must be single. If either of you was previously married, you must provide proof that those marriages ended legally through divorce, annulment, or death. It is important to note that not all foreign divorces are automatically recognized for U.S. immigration purposes. In some cases, a divorce obtained in another country may be considered invalid—particularly if neither spouse was residing in that country at the time the divorce was granted. Before moving forward, it is wise to consult with an experienced immigration attorney to confirm that any prior divorce is legally valid and will not create complications in your case.

• You must have met in person: This is the requirement that trips up many couples. You must prove that you have met your fiancé in person within the two years before you file the petition. Online video chats and phone calls do not count. There are very rare exceptions for extreme hardship or cultural/religious restrictions, but they are difficult to obtain. As a practical matter, you should not rely on qualifying for an exception. If you have not yet met in person, it is strongly advisable to plan a trip—even if it means meeting in a third country—so you can satisfy this critical requirement before filing.

• You must intend to marry within 90 days: The K-1 visa is not a "get to know you" visa. You must sign a statement confirming that you plan to marry within 90 days of your fiancé’s arrival in the U.S.

The K-1 Process: A Step-by-Step Timeline

The process can generally be broken down into four main stages. While timelines vary depending on USCIS caseloads and the specific U.S. embassy abroad, understanding the flow helps you prepare.

Step 1: The Petition

The U.S. citizen sponsor starts the process by filing the Petition for Alien Fiancé, with USCIS. This form is essentially asking the government to recognize your relationship and grant permission to move forward.

You will need to submit evidence of your relationship here. This isn't just about legal documents; it's about telling your story. You should include flight itineraries from your visits, photos of you together, chat logs, and affidavits from friends or family who know you as a couple.

Step 2: USCIS Approval and Transfer

Once USCIS approves your petition, they send it to the National Visa Center (NVC). The NVC processes the file and performs background checks before forwarding it to the U.S. Embassy or Consulate in your fiancé’s home country.

Step 3: The Consular Interview

This is the most critical moment. Your fiancé will be required to undergo a medical exam and attend an interview at the U.S. Embassy.

During the interview, a consular officer will ask questions to verify that your relationship is bona fide (real) and not just for immigration benefits. They might ask about how you met, your wedding plans, or details about your families. If the officer is satisfied, the K-1 visa will be issued.

Step 4: Arrival and the 90-Day Clock

Once the visa is in their passport, your fiancé can travel to the United States. However, the moment they pass through U.S. Customs, a 90-day clock starts ticking.

You must get married within these 90 days.

If you do not marry within this window, your fiancé will lose their status and must leave the country. This 90-day period cannot be extended. This is why we often tell clients to treat the K-1 visa like a strict deadline, not a casual timeline.

Documentation: Building Your Case

Success with a K-1 visa often comes down to organization. A missing document can delay your case by months. To avoid hiccups, you should be prepared to gather:

• Proof of Citizenship: Birth certificate, U.S. passport, or naturalization certificate for the petitioner.

• Proof of Relationship: Airline boarding passes, hotel receipts, photos, and communication records.

• Financial Support: The U.S. citizen must demonstrate they can financially support their fiancé. You will eventually need to file an Affidavit of Support, showing your income meets the federal poverty guidelines (usually 100% for the K-1 stage, but higher later for the Green Card).

• Criminal Records: Police certificates from countries where your fiancé has lived.

What Happens After the Wedding?

Getting married is a joyful milestone, but from an immigration perspective, it is only the halftime show. The K-1 visa is a "nonimmigrant" visa, meaning it does not automatically make your spouse a permanent resident.

After the wedding, your new spouse must apply for Adjustment of Status to get their Green Card. This involves more paperwork and fees, but once approved, they will be a Conditional Permanent Resident of the United States.

Until the Adjustment of Status application is filed and processed (or until an employment authorization document is issued), your spouse generally cannot work in the U.S. This is an important financial factor for couples to plan for.

Legal Guidance You Can Trust

Bringing your future spouse to the United States is one of the most important things you will ever do. It is the foundation of your family’s future. While the process is exciting, the stakes are high. A simple error on a form or a misunderstanding of the income requirements can lead to long delays or denials.

You don't have to navigate this complex system alone.

At Jarbath Peña Law Group, we help couples in South Florida and beyond unite with their loved ones. We understand that behind every petition is a love story waiting to begin its next chapter. We handle the legal details, the government correspondence, and the strategy so you can focus on planning your wedding and your life together.

Ready to bring your fiancé home? Contact Jarbath Peña Law Group today at 305-615-1005 for a consultation. Let’s get your journey started.