How does the fiancé visa work and what are the requirements?

The immigration system can be very difficult to navigate even for a U.S. citizen engaged to a foreign national.

The first requirement for a fiancé visa is that the petitioner must be a U.S. citizen. If an American citizen’s fiancé is residing outside of the U.S. and you would like them to travel to the United States to marry, the American petitioner must file a Petition for Alien Fiancé, Form I-129F. This form must be filed with the U.S. Citizenship and Immigration Services (USCIS) office within the area where you live. USCIS makes it a point to inform petitioners that this form cannot be filed outside of the United States. Once the petition is approved, it then goes to the National Visa Center to be processed and forwarded to the consulate where the immigrant fiancé will apply for a K-1 non-immigrant visa for a fiancé.

Requirements for a K-1 visa

The requirements and paperwork necessary for a K-1 visa can be quite lengthy. Here is a list of general requirements needed. However, it is also helpful to contact the embassy or consulate in the immigrant fiancé’s country to get a list of requirements specific to that location.

• A valid passport
• Birth Certificate
• Documentation of a divorce or death of a previous spouse for either the immigrant or the U.S. citizen petitioner
• Medical exam (check for specific information from the consulate in the country outside the U.S.)
• Financial support documentation—Form I-134
• Non-immigrant Visa Applications—Form DS-156 (two copies)
• Non-immigrant Fiancé Visa Application—Form DS-156K
• Two non-immigrant visa photos (the photo requirements are very specific). Please visit travel.state.gov for more information.
• Supporting documentation to show solid evidence of a relationship between the petitioner and the immigrant applicant
• Fee requirement

Application Recommendation

The immigration process, even for an American citizen with an immigrant fiancé, can be quite tedious and time-consuming. All documents and deadlines must be strictly adhered to in order to move the process along. Immigration laws, forms and requirements change quite often and without much warning. For these reasons, it is highly recommended that individuals with immigration issues consult an experienced immigration attorney who can ensure accurate processing, give well-informed immigration advice, and deal with the unique circumstances of each individual case.

(source: travel.state.gov)

We are experienced immigration lawyers and experts in the application process for the Fiancée Visa K-1. It is important to understand your rights and your obligations under US immigration law. If you are ready to begin the application process or have questions, then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.