What is the Fiance Visa?

The fiance visa or K-1 visa is a non-immigrant visa which is available to the fiances of U.S. Citizens. if approved the visa will allow the foreign national fiance to enter the U.S. for a period of 90 days for the purpose of marrying the U.S. Citizen who filed the fiance visa petition. The fiance visa has become a very important visa as the world as become a smaller place because of the internet and other information and communication technology improvements.

In order to qualify for a fiance visa, the U.S. Citizen and foreign national fiance must have met in person within the 2 year period before the petition is filed. The U.S. Citizen and applicant must also establish that they are both legally eligible to be married in the U.S. (Generally, this just means that the parties must be of the legal age to be married and all previous marriages must have been legally terminated.) The U.S. Citizen must also establish that she has the financial resources to support her fiance. Fortunately, this financial support requirement is relatively low and only requires the U.S. Citizen to establish that her income meets or exceeds the federal poverty guidelines.

To apply for a K1 fiance visa, the U.S. Citizen must file form I-129 with the United States Citizenship and Immigration Services (USCIS) along with the required supporting documentation. If the application is approved it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will then forward the approved petition to the U.S. Embassy which has jurisdiction over the foreign national's place of residence. The foreign national fiance is then required to complete and submit additional forms to the Department of State. (Specifically, form DS-156K. Male applicants must also file form DS-157.) Once the U.S. Consulate receives the forms and required supporting documentation, an interview will be scheduled. Assuming the application is approved the U.S. Embassy will issue a K-1 visa to the foreign national fiance.

The K1 visa will allow the foreign nation to make a single entry into the U.S. The visa is only valid for 90 days. If the U.S. Citizen and the foreign national fiance are not married before the 90 day period expires the fiance must return to his or her country.

After the marriage takes place, the U.S. Citizen and foreign national must file an additional application with the USCIS and request that the new foreign national spouse's status be adjusted to that of a lawful permanent resident.

The fiance visa process can be quite complicated. Simple mistakes or errors in the petitions can result in long delays or even rejections. It is important that those applying for a fiance visa seek assistance with this process.