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Fiancee Immigration

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  • The U.S. citizen sponsor must meet the income requirements for a K-1 visa, namely the adjusted gross income on their most recent tax return must equal to at least 100% of the Federal Poverty Guidelines. They may use a joint sponsor if they are not able to meet the income requirement on their own.

Note: Same-sex partners are eligible to apply for a K1 visa, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.

 

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Process Requirements

1. K1 Fiancee Visa

A K-1 visa, also called a fiancé visa, is a nonimmigrant visa that allows a foreign-citizen fiancé of a U.S. citizen to enter the United States to get married and eventually become a permanent resident (LPR) through the marriage green card process.

2. How long does it take?

It take on the average 8 months wait time  to get a fiancé visa .

In FY 2022, USCIS received 48,118 Form I-129F applications (the first step in the K-1 visa process) and denied 9,492 of those (19.7%).

3. K-1 Visa Eligibility

The sponsoring fiancé must be a U.S. citizen. A U.S. lawful permanent resident (a green card holder) is not permitted to sponsor their fiancé for a K-1 visa.

4. Two Year rule

The 2-year rule is a crucial part of the K-1 visa process. It is designed to ensure that the relationship between the US citizen and the foreign-citizen fiancé is genuine by requiring couples to provide proof they’ve met in person at least once within the two years before they submit Form I-129F.

Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen

SPOUSE: If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

  • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required. Learn more.
  • Nonimmigrant visa for spouse (K-3) – It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:  Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F

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FIANCE(E): If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a non immigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

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Planning The Case

An experienced fiance visa immigration lawyer can assist you in determining which documents are specifically needed for your case. During this time, you will gather the required evidence and work with your attorney to prepare the K-1 Fiance application for filing with USCIS.

Follow all the legal Requirements

When you arrive to the Embassy/interview,  dress professionally or your best attire

Evaluate Situation

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File The Fiance(e) Application

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Contact: stephen@tillsvisalaw.com Mon – Fri 09:00-17:00

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