Fiancée Visas

Massa Viana Law

Fiancée Visas

Connecting Hearts Across Borders

The Fiancée (K-1) visa is designed for the foreign-citizen fiancée of a United States citizen. It permits the foreign-citizen to travel to the U.S. and marry their U.S. citizen sponsor within 90 days of arrival. The K-1 visa creates a pathway to permanent residency, enabling the holder to apply for an adjustment of status with the U.S. Citizenship and Immigration Services (USCIS) following marriage in the United States.

To qualify for a fiancée visa, you must intend to marry your fiancé within 90 days of their arrival in the U.S. You and your fiancé must also be free to marry, meaning that you will have to provide evidence that any prior marriages are over, such as divorce or death certificates.

Additionally, you will be required to show that you met your fiancé in person at least once in the two years prior to filing your petition. There may be a waiver of this physical presence requirement available if it will cause you extreme hardship or violate your fiancée’s customs or culture.

Children under the age of 21 who are unmarried may also be included in the petition, which is an advantage to marriage-based petition which may not permit sponsorship in instances where the marriage happened after the child turned 18.

Requesting the Visa

The process begins with the U.S. citizen petitioner filing the fiancée petition in the United States. Once the fiancée petition is approved, it is forwarded to the National Visa Center, which assigns a case number and forwards the petition to the U.S. Embassy or Consulate that has jurisdiction over the place where the fiancée lives.

Prior to the scheduling of the interview at the consulate or embassy, the beneficiary needs to gather the appropriate documents, such as civil documents and evidence of financial support, as well as schedule and complete a medical examination. There are other fees associated with this step.Once the fiancée visa is issued, beneficiary must enter the United States and marry their U.S. citizen fiancée within 90 days of entry. After that, they can apply for Green Card Applications. 

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Frequently Asked Questions

Yes, same-sex marriages are recognized under U.S. immigration law.

Medical examinations are mandatory and must be performed by an authorized panel physician. The embassy or consulate page in the beneficiary’s country will generally have the information to the doctors who are authorized to perform this service.

Generally, the criteria for the affidavit of support at the fiancé visa stage is not as stringent as it would be at the Adjustment of Status stage. The State Department will want to establish that the U.S. sponsor’s income is 100 percent of the federal poverty guideline. However, the beneficiary will be subject to more stringent requirements when filing for Adjustment of Status, which are generally 125% of the Poverty Guidelines (See I-864P

The fiancé petition is usually valid for four months, but a consular officer has the discretion to extend its validity. During the COVID pandemic, for instance, consular officers routinely extended the validity of the original petitions.

Yes, eligible children under 21 may qualify for a K-2 visa and will also be able to adjust status once in the United States, after principal beneficiary marries the petitioner.

What if I am ineligible for a K visa?

It is important to understand what causes the ineligibility to see whether immigration law provides relief. At Massa Viana, before we embark on a journey to request your fiancée visa, we assess each case to make sure we minimize surprises at the consulate stage.

Does my U.S. citizen fiancée need to file separate petitions for my children?

No separate initial petition is needed, but each child will need a separate visa application at the Consular Processing stage.

Do I Have to Marry Within 90 Days?

Yes, you must marry your fiancé within 90 days of their arrival in the U.S. in order to ensure your fiancé does not violate the terms of their visa. If you and your fiancé decide not to marry within this time frame, your fiancé will be required to leave the U.S. before the 90 days are over.

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