Are you a smitten U.S. Citizen eager to bring your beloved to the land of stars and stripes for good? Look no further than the enchanting Fiancee Visa, also known as the K-1 Visa! If you’ve ever been hooked on the show “90 Day Fiancee,” you’ll soon recognize where that show gets its catchy name.

As a U.S. Citizen, you can apply for your fiance(e) to come to the United States on a K-1 “Fiancee Visa” so long as you have the intention to marry within the first 90 days of arrival to the United States. To apply for this benefit, you (the U.S. Citizen), must submit Form I-129F to U.S. Citizenship and Immigration Services (USCIS). You must prove that (1) you are a U.S. Citizen, (2) that you are free and able to marry (that you aren’t married to anyone else and that you meet the necessary requirements for marriage in your jurisdiction), (3) that you intend to marry within those first 90 days after K-1 entry, and (4) that you and your fiance(e) met one another in person at least once during the two years preceding the filing of the petition (some exceptions to this do exist).

Once your I-129F petition gets the thumbs up, it’s off to the races! The approval will be forwarded to the U.S. Department of State’s National Visa Center (NVC). The NVC will then determine the appropriate Embassy or Consulate, depending on your fiancee’s nationality and residence, and will forward it on to that location for purposes of contacting the applicant to submit the required application forms and schedule the K-1 interview. The applicant (your fiance(e)) will file Form DS-160 online for themselves and for any accompanying children. They’ll also need to attend a medical exam with an approved physician.

Then, once the interview is scheduled, all applicants will attend the interview, taking with them all required documentation. Required documents include a passport valid for at least 6 months from the date of intended entry into the U.S., Form I-134 and supporting financial documents, a police certificate, any divorce decrees, birth certificates, 2×2 photographs, and evidence of your relationship.

Note that by the time you reach the interview stage for the case, the I-129F approval period of 4 months will have already likely expired. Do not stress over this because the consular officer at the interview can extend the validity dates of the petition. Once the K-1 visa is approved (K-2 for any children), it will be valid for a maximum of 6 months. It is necessary to enter the United States before that visa expires. And, remember, in order to remain in the United States, the marriage should take place within 90 days of entry.

After marriage, to remain lawfully in the United States, it is necessary to then apply to adjust status to a Lawful Permanent Resident (Form I-485). If there are any children that entered the United States on a K-2 visa, they must also apply to adjust status to a Lawful Permanent Resident. Remember that for the children to do this, they must be unmarried and must enter the United States before turning 21 years of age.

Pros To The Fiancee Visa:

• No need to rush down the aisle before applying – in fact, if you’re already hitched, this visa isn’t for you!
• It can fast-track the family reunion process in the U.S.

Cons To Consider:

• The wedding bells must ring quickly after stepping onto U.S. soil on the K-1 Visa.
• There’s still a (sometimes marathon-length) green card application process after the vows.
• If the relationship takes an unexpected turn, adjusting your status becomes a bit trickier.
• While a work permit is on the table, it’s only valid for 90 days post-entry, and processing times might not leave much time for job hunting.

So there you have it, lovebirds! With the Fiancee Visa, your love story is set for an epic U.S. adventure. Time to get those applications in and let the countdown to happily ever after begin!

Sources:

• https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#ExternalPopup
• https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
• https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

Last Updated: 10.07.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)