Learn about the process, requirements, and steps involved in obtaining a fiance visa for immigration purposes. Expert guidance and insights to navigate the application successfully
The sponsored fiance must also provide strong supplementary evidence of their relationship. This includes time-stamped photos and communication records such as boarding passes, itineraries, hotel receipts, restaurant receipts, email messages and text messages.
The sponsored fiance must meet in person with their significant other at least once within the two years prior to filing their visa application, unless meeting would cause extreme hardship or violate religious, cultural or social practices.
The U.S. Citizen Petitioner
For the US citizen petitioner, it is important that they prove their relationship to the foreign fiance(e) with concrete and detailed evidence. This includes a variety of different types of documentation such as letters between the couple that discuss their wedding plans and announcements sent out to friends and family members about their engagement. Other evidence could include texts or chat logs that demonstrate honest and open communication between the two, and pictures of them together in an engaging manner.
A sworn statement by each partner that details the depth of their relationship is also required. The digital era also offers applicants a number of new pieces of evidence that can be valuable. These might include select screenshots of social media interactions, public displays of affection, or video recordings that demonstrate meaningful conversations and experiences. The in-person meeting requirement is a significant hurdle to overcome, but USCIS may grant waivers under certain circumstances such as if the meeting would violate cultural traditions or customs of your fiancee’s country or if doing so would cause extreme hardship to the couple.
Unlike some other visa categories, there are no annual limits on K1 visas and the petitioner can begin this process as soon as they meet all of the requirements. The next step is for the petitioner to file an official Form I-129F Petition for Alien Fiance(e) with USCIS.
This is the beginning of the process that can take months to complete. While this can seem daunting, CitizenPath can assist with the filing and ensure that all of the necessary documentation is included. Once USCIS approves this petition, it will forward it to the National Visa Center (NVC), where the NVC will issue a notice of approval that your fiance(e) must then apply for at a U.S. Consulate abroad. This application must be done within 90 days of your fiance’s arrival in the United States. This is an important deadline that should not be missed. If you miss this deadline, then your fiance(e) will have to leave the country and may be banned from reentering the United States for years to come.
The Foreign Fiancee
A fiance visa, or K-1 visa, allows the foreign national beneficiary to travel to the United States and marry within 90 days. After the marriage, the couple can then apply to adjust status and become a legal permanent resident. There are a number of requirements that the couple must meet, and CitizenPath can help guide the process every step of the way.
The process starts with the U.S. citizen petitioner filing a visa petition on behalf of their foreign fiance. This must be accompanied by several supporting documents, including the couple’s tax returns for the past two years and a medical exam report. The petitioner must also sign a Form I-129F Affidavit of Support, promising to use their resources to keep their fiance from relying on government benefits.
USCIS will review the petition and supporting documents to make sure that everything is in order. If they approve it, the case is then handed off to the National Visa Center (NVC). The NVC will send the fiance a notice with information about their interview, which will take place at the U.S. embassy or consulate listed in the NVC notice. The fiance must then complete the State Department’s online DS-160 Nonimmigrant Visa Application.
During the visa interview, a consular officer will ask the fiance a series of questions about their relationship with the petitioner and their plans to get married and live in the United States. It is important that the couple is able to convince the consular officer that their relationship is genuine and that they are both committed to getting married and building a life together in the United States.
If the couple does not succeed in convincing the consular officer of their genuine intention to marry, they may be denied a visa and banned from entering the United States for several years. To avoid this, it is important that the couple provides strong supplementary evidence with their interview and answers all of the consular officer’s questions thoroughly. If they do not succeed in this, then it is best for them to leave the United States before their visa expires.
The U.S. Consulate
Typically, US citizens and foreign nationals who are engaged to be married will file an official fiance visa petition by completing Form I-129F. In order to be approved, it is crucial that the couple have met in person at least once during the two years preceding the filing of their petition. This requirement is meant to ensure that the relationship is genuine and that the marriage will be in good faith.
Once the petition is approved, USCIS will hand off the case to the U.S. Department of State’s National Visa Center, or NVC. The NVC will send a letter to the sponsored fiance indicating that they have been approved and that they must now complete their visa interview at their local U.S. embassy or consulate abroad. If the couple has any children that are eligible for K-2 nonimmigrant visas, they will also have to submit their own separate DS-160 applications online and pay their respective visa application fees.
At the visa interview, both the sponsor and the fiance will need to convince a consular officer that their relationship is genuine and that they will marry each other in a bona fide marriage within 90 days of the fiance’s arrival in the United States. Applicants should be prepared to provide evidence of their relationship, including pictures, letters, and other documents that demonstrate the depth and longevity of their commitment to one another. In the digital era, applicants may also wish to consider providing select screenshots of social media interactions, public displays of affection, and chat histories that demonstrate meaningful conversations and experiences.
In addition, both the fiance and the sponsor will need to have their medical exam completed at the NVC, or at their local U.S. embassy before their visa can be issued. While most couples who meet all the requirements will receive their fiance visa, it is important to prepare accordingly in order to avoid the 30 percent of petitions that are denied by USCIS before they reach the NVC stage. CitizenPath can help with preparing the necessary documentation and supporting the process so that it goes as smoothly as possible.
The Final Steps
A fiance visa is a great way for a U.S. citizen to marry a foreign national and begin the process of immigrating to the United States together. However, it is important for couples to understand the requirements and steps involved in obtaining this type of visa before beginning the application process. Here are a few of the most important details to keep in mind:
The process begins with the petitioner filing Form I-129F, which is the Petition for Alien Fiance(e). It is not uncommon for this initial step to take some time, as there is a lot of information that must be included in order to establish the bona fide nature of the relationship. The petitioner must also submit a copy of their passport, as well as photos that meet the State Department’s standards for passport-style photographs.
Once the petition is approved, the sponsored fiance will be invited to their visa interview at the US Embassy in their country of residence. This is a critical part of the application, and it is in this interview that the consular officer will assess whether or not the relationship is genuine.
At this point, the consular officer will ask the couple a series of questions about their relationship and plans to marry. It is important that the couple be honest and forthright in their responses. Additionally, if there are any criminal convictions that would prevent them from being eligible for the visa, it is vital that these are disclosed before the interview.
During the interview, the sponsored fiance will also be required to provide proof of their income. This is in order to demonstrate that they have the financial resources to support themselves and their fiance, as well as that they are not dependent on government assistance in any way. For most applicants, this is the only time in their lives that they will be required to provide proof of their finances.
Once the visa has been granted, the couple will have 90 days to get married in the United States. It is extremely important that this time period is met, as failure to do so will result in the sponsoring fiance losing their visa status and being barred from reentering the US for years to come.