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What is a Fiancé Visa?

Home|Blog|Immigration|What is a Fiancé Visa?

The U.S. immigration system is often difficult to navigate, and you need to fully understand your options in order to successfully immigrate. An individual hoping to become a permanent U.S. resident to marry their fiancé may apply for a K-1 fiancé(e) visa, which permits entry to a noncitizen fiancé so they may get married. 

The Vannoy Firm works with individuals seeking advice on their immigration cases. Below, we highlight the most important information about fiancé visas that can help you find a pathway to U.S. citizenship. 

How a K-1 Fiancé(e) Visa Grants Citizenship

Obtaining a K-1 fiancé(e) visa is the first step for a noncitizen fiancé to immigrate to the U.S. This visa grants the U.S. resident to bring their fiancé to the U.S. for marriage. If both parties are in the U.S., this visa isn’t necessary. 

In order to obtain this visa, you will need to complete three important steps. First, you will have to finish an application, pay a fee and provide fingerprints to the U.S. Citizenship and Immigration Services (USCIS). You must apply through a U.S. consulate in the noncitizen fiancé’s home country, which can be done by mail. 

Requirements That Determine Eligibility for a K-1 Fiancé(e) Visa

Before applying for a K-1 fiancé(e) visa, it’s important to know the qualifying factors that must be met: 

  • The petitioner must be a citizen of the United States;
  • Both you and your fiancé are legally free to get married;
  • You and your fiancé have met in person within the past two years;
  • Both parties must intend to get married within 90 days of the fiancé’s arrival.

Generally, applicants must demonstrate that they are marrying for reasons unrelated to immigration benefits and prove that they have serious intentions of getting married soon after their visa is approved. 

USCIS Process for a K-1 Fiancé(e) Visa

To begin the application process with the USCIS, the party with U.S. citizenship must submit several key documents, including an I-129F petition. The quality and organization of your documents may impact processing time, so be sure to review your application with an attorney before submitting it. 

After your I-129F petition has been approved, you will need to wait to be assigned a case number by the National Visa Center. The NVC completes background checks before sharing your petition with the consulate. Then, the noncitizen fiancé will fill a DS-160 application and complete a medical exam. 

The final step of the K-1 nonimmigrant visa application process is for the noncitizen fiancé to complete an interview with a U.S. Embassy or Consulate. The goal of the interview is to determine whether the relationship is genuine and if the party has violated any criminal or immigration laws. After passing the interview, the noncitizen fiancé may enter the U.S. to marry and submit an I-485 application to adjust their status to permanent residency. 

Call Us Today for a Consultation

If you are interested in applying for a visa, it is beneficial to have a knowledgeable attorney at your side. The Vannoy Firm is committed to helping families find viable options for their immigration-related legal matters. Call our firm today to schedule an initial consultation.

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Anthony S. VanNoy

Trial Attorney

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