US Fiance(e) Visas

The Fiance(e) K-1 Visa is for those US citizens (not Temporary or Permanent Residents) who wish to have their fiance(e) in the US with the intent of getting married in the US. A fiance(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of that particular state of the United States where the marriage will eventually take place. 

In order to file a K-1 petition, the couple must have met in person within the past two years. In rare circumstances this requirement may be waived, but it is very unlikely. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement.

If the couple haven't met in person, this time should be used to start processing the paperwork and plan a trip. Proof of a personal meeting will be the final evidence needed to file a K-1 petition.

The US citizen petitioner must also be financially capable of supporting his / her fiance(e) in the United States.

In many cases, couples are tempted to just get married in the USA. For some it is possible to get married and become residents without leaving the United States. However, if a person comes to the USA with the intent to marry a US Citizen, the marriage must take place within 90 days of the fiance(e) entering the United States. 

The US Citizen petitioner must file the petition with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) in the United States. He / she cannot file this petition at an embassy, consulate or U.S. immigration office abroad.

After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where the fiance(e) will apply for a K-1 nonimmigrant visa.

Extending the Petition for Alien Fiance(e)

The petition is valid for four months from the date of approval from USCIS. Consular officers may extend the validity of the petition (revalidate the petition) if it expires.

A Fiance(e) Is Also an Immigrant

Because a fiance(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiance(e) must meet some of the requirements of an immigrant visa.

The consular section at the embassy or consulate where the fiance(e) of an American citizen, will apply for a visa, will inform about any additional specific requirements that the alien fiance(e) needs to fulfill to complete the visa application.

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are: 

• Trafficking in Drugs

• Having HIV/AIDS

• Overstaying a previous visa

• Practicing polygamy

• Advocating the overthrow of the government

• Submitting fraudulent documents

The consular officer will tell the applicant, if he / she is ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

If the fiance(e) intends to live and work in the United States, the fiance(e) needs to apply for the Permanent Resident visa after the marriage. If no such petition is filed, the fiance(e) must leave the country upon the expiry of the fiance(e) visa.

The US citizen sponsor may also apply to bring the fiance(e)'s unmarried children, who are below 21 years of age, to the United States.

The US Fiance(e) visa related requirements are very stringent and there are no shortcuts to legal immigration. However, it can be done properly in a matter of months for most people especially when the case is handled by an experienced visa consultant.

Please contact us to receive our expert advice and perfect documentation services for the Fiance(e) Visa. Need not look elsewhere as we do it right the first time. You may email us at visaexperts4u@gmail.com or whatsapp at +91 6263083078.