The Fiancé Visa Process Step by Step

By: Jarbath Peña Law Group

Planning to marry the love of your life is an exciting and joyful time. When your fiancé lives in another country, that excitement is mixed with the challenge of navigating the U.S. immigration system to bring them home. One of the primary pathways for this is the this is the K-1 visa, commonly known as the fiancé visa. This process allows a U.S. citizen to bring their foreign fiancé to the United States with the intention of getting married.

While the goal is simple—to be together—the journey involves precise steps, extensive paperwork, and strict deadlines. A single mistake can lead to frustrating delays or even a denial, adding stress to what should be a happy time. Understanding the process from start to finish can make all the difference, transforming an overwhelming task into a manageable path toward your future together. This guide provides a clear, step-by-step overview of the K-1 fiancé visa process, offering the practical advice you need to move forward.

What is a K-1 Fiancé Visa?

A K-1 visa is a nonimmigrant visa that allows the foreign fiancé of a U.S. citizen to enter the United States for the purpose of marriage. Once the fiancé arrives, the couple must marry within 90 days. After the wedding, the foreign spouse can then apply for a Green Card (Adjustment of Status) to become a lawful permanent resident. If your fiancé has eligible unmarried children under 21, they may be able to come with them to the United States on K-2 visas.

The K-1 visa process is unique because it begins with a petition filed by the U.S. citizen, not the foreign fiancé. It is a multi-stage process involving U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and a U.S. embassy or consulate in your fiancé's home country.

Step 1: Confirming Your Eligibility

Before you begin any paperwork, you must ensure that both you and your fiancé meet the strict eligibility requirements set by U.S. immigration law. Failing to meet any of these criteria will result in a denial.

Requirements for the U.S. Citizen Petitioner:

• You must be a U.S. citizen. Lawful permanent residents (Green Card holders) are not eligible to petition for a fiancé; they must first marry their partner and then file a spousal petition, which is a completely different application.

• Both you and your fiancé must be legally free to marry. This means any previous marriages for either of you must have been legally terminated by divorce, death, or annulment. This is where many complications occur. Some countries allow spouses to get divorced by proxy. However, U.S. immigration authorities generally will not recognize a foreign divorce if neither spouse was domiciled in that country at the time of the divorce. In that situation, USCIS may treat you as still married to your first spouse, and your later marriage may be viewed as invalid or polygamous for immigration purposes.

• You must intend to marry your fiancé within 90 days of their arrival in the United States.

• You must have physically met your fiancé in person at least once within the two years before filing the petition. There are very limited exceptions to this rule, such as for extreme hardship or cultural customs that forbid meeting before marriage. It is extremely rare for USCIS to grant an exception to this requirement.

  
  

Requirements for the Foreign Fiancé (Beneficiary):

• They must be residing outside of the United States.

• They must be legally free to marry.

• They must be admissible to the United States, meaning they do not have a history that would make them ineligible for a visa, such as certain criminal convictions or prior immigration violations.

Step 2: Filing the Petition (Form I-129F)

The K-1 visa process officially begins when the U.S. citizen (the petitioner) files Fiancé visa petition, with USCIS. This petition serves to establish that you have a bona fide, or genuine, relationship.

Key Components of the Fiancé Visa Package:

• Completed Immigration Fiancé Visa Form: The form must be filled out completely and accurately, with no missing information.

• Proof of U.S. Citizenship: A copy of your birth certificate, passport, or Certificate of Naturalization.

• Evidence of a Bona Fide Relationship: This is crucial. You need to prove your relationship is real and not just for immigration purposes. Evidence can include:

• Photos of you together over time, preferably with family and friends.

  • Travel itineraries, boarding passes, and hotel receipts from trips to see each other.

  • Copies of emails, text messages, or call logs showing ongoing communication.

  • A signed statement from both of you describing how you met and your plans to marry.

• Proof of In-Person Meeting: Evidence that you have met within the last two years, such as dated photos or airline ticket stubs.

• Proof of Legal Ability to Marry: Copies of final divorce decrees, annulment certificates, or death certificates for any previous marriages.

• Passport-Style Photos: One photo of you and one of your fiancé, meeting USCIS specifications.

Submitting a well-organized and thorough petition is the best way to avoid a Request for Evidence (RFE), which can add months to your processing time.

Step 3: USCIS Processing and Approval

After you file the Fiancé Visa petition, USCIS will send you a receipt notice (Form I-797C). You can use the receipt number to track your case status online. USCIS will review your petition to ensure you meet all requirements. Processing times change frequently, but it’s common for this stage to take many months. Always check the USCIS ‘Check Case Processing Times’ page for the most up-to-date estimate for Form I-129F.

Once USCIS is satisfied, they will approve the petition and send you an approval notice. This does not mean your fiancé has a visa yet. Instead, USCIS forwards your approved case to the National Visa Center (NVC).

Step 4: The National Visa Center (NVC) Stage

The NVC acts as an administrative clearinghouse. They will assign a case number and forward your file to the U.S. embassy or consulate in your fiancé’s home country — typically the one that handles immigrant and K-1 fiancé visas. The NVC will also send instructions to your fiancé on what to do next. This stage is relatively short, often taking just a few weeks.

Step 5: The Consular Interview and Visa Adjudication

This is the most critical stage for your fiancé. The U.S. embassy or consulate will schedule them for a mandatory visa interview. Before the interview, your fiancé will need to complete several tasks:

• Complete Form DS-160: This is the Online Nonimmigrant Visa Application.

• Pay the Visa Application Fee: This fee is paid directly to the consulate.

• Undergo a Medical Examination: The exam must be conducted by a physician approved by the embassy.

• Gather Required Documents: Your fiancé must bring a comprehensive set of documents to the interview, including their passport, birth certificate, police clearance certificates, medical exam results, and financial support documents, including the from you (the petitioner). In most cases, this includes Form I-134, Affidavit of Support, along with tax returns, W-2s, and pay stubs to show you can financially support your fiancé.

During the interview, a consular officer will ask questions about your relationship to confirm it is genuine. They may ask about how you met, details about each other's families, and your wedding plans. If the officer is convinced, they will approve the K-1 visa. The embassy will then place the visa stamp in your fiancé's passport.

Step 6: Arrival in the U.S. and Marriage

With the K-1 visa, your fiancé can now travel to the United States. Upon arrival, a Customs and Border Protection (CBP) officer will review their documents and admit them. The 90-day clock starts ticking from the date of their entry.

You must get married within this 90-day period. USCIS guidance makes clear that K-1 holders must marry the U.S. citizen who filed the I-129F in order to adjust status; they generally cannot adjust based on marrying someone else. There are no extensions. If you do not marry within 90 days, your fiancé will fall out of legal status and will be expected to depart the U.S. After the marriage, your new spouse can then apply for a Green Card by filing Form I-485, Application to Adjust Status.

How We Help Guide You on This Journey

The K-1 visa process is a journey of hope, but its path is lined with complex legal requirements where even small errors can have major consequences. At Jarbath Pena Law Group, we understand that this is more than just a legal case—it is the start of your life together. We are here to provide the supportive guidance you need.

• We Build a Powerful Petition: We help you craft a compelling I-129F petition with strong evidence of your bona fide relationship, minimizing the risk of delays or denials.

• We Navigate Every Step: From the initial filing with USCIS to preparing your fiancé for the consular interview, we manage the entire process, ensuring every deadline and requirement is met.

• We Prepare You for Success: We provide detailed guidance to your fiancé for their interview, helping them feel confident and ready to answer the consular officer's questions clearly.

• We Offer Peace of Mind: We handle the legal complexities so you can focus on planning your wedding and your future. We are your advocates, standing by you until you are finally reunited.

Your journey to begin a new life together deserves the best possible start. Let our experience be your guide.

Take the first step toward bringing your fiancé home. Contact the Jarbath Pena Law Group today at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation.