If you want to get a fiancé/e visa (officially it’s a K-1 visa) this year, you need to get started. It’s only February but it will probably take at least 7 months to get your visa from the time you file for it, even if you don’t have problems. If you do have problems it will take longer; the process and documents are confusing. There’s no guarantee USCIS (Immigration) and embassy will approve your fiancée visa application! It’s completely up to the embassy and you’ll get very little time at your interview to make your case.
How can an immigration lawyer help? We know the requirements and the many documents and evidence you’ll need for the petition and to take to your interview. Our knowledge should help you get through it all faster so you don’t waste your time and money. Yes it all costs money but most people think it’s worth it to get good legal advice and guidance. I can help you wherever you are in the country or world – by Skype, email, phone, fax and mail! (If you’re in the Philippines, I’ll be in Manila in mid-March to meet with clients and you can make an appointment now – go to https://idakeirlaw.com/faqs/ for more information).
For marriage visas (either I-130 or K-3), part of the process is the same; I’ll write a separate post about those.
Here we go. First, some general points.
- Only U.S. citizens can apply for fiancé/e visas. Green card holders (LPRs) can’t.
- If the visa is granted, the foreign fiancée can come to the U.S. and you have to marry within 90 days. Then you apply to “Adjust Status” or get a Green Card while remaining in the U.S.
- Same-sex couples are treated the same as other couples; you must prove all the following, and then get married in a U.S. state where same-sex marriages are legal.
- You have to provide all legal documents to show you and your fiancée are both free to marry and any prior marriages must have been legally terminated by divorce, death, or annulment.
- You have to provide documents to prove you met each other in person at least once in the last two years. There are a few exceptions to the meeting but not many. They know it costs a lot of money to make the trip and that’s not an exception to this requirement.
- Unmarried children under 21 can be included in the petition but if they’re close to age 21 there could be problems.
- You’re going to have a problem if the U.S. citizen sponsor has committed certain criminal offense convictions against a minor, including sex offenses and kidnapping. The Adam Walsh Act says if he has such a conviction, he can’t get this visa. There are some exceptions but they’re hard to get. Don’t try to hide it; the government’s going to run a background check and they’ll find it. Talk to a lawyer before you apply.
- You’ll also have a problem if the U.S. citizen sponsor has filed K-1 petitions for two or more fiancé/es in the past; or if it’s less than two years since you the sponsor had a different K-1 visa approved.
- Same-sex couples are treated the same as other couples; you must prove all the following, and then get married in a U.S. state where same-sex marriages are legal.
Step by Step instructions – and links for more information:
- Stage 1: File an I-129F petition with U.S. Citizenship & Immigration Services (USCIS) in the U.S. The filing fee is $340. Once you get your case number from USCIS, you can check the status of your case online until they reach a decision.
- You have to include documents, normally photocopies, to prove the requirements explained above such as annulment or divorce certificates and proof of meeting in person. Other required documents include proof of the sponsor’s U.S. citizenship such as a birth certificate and proof of your intention to marry which can be statements that you intend to marry.
- Any documents not in English must have a certified translation.
- You also have to include passport photos of both of you, and complete and file a Form G-325A, Biographic Information, one for the sponsor and one for the fiancé/e. There is no fee for that form.
- It usually take 4-5 months from the time you file until you get a decision. If USCIS needs more information, they’ll send you a Request for Evidence (RFE). If you don’t send them the information or documents, your application will be denied. The RFE causes a delay.
- If the I-129F petition is approved, the papers go to the National Visa Center (NVC) which quickly sends them on to the embassy. The NVC and the embassy are both part of the U.S. State Department which gives details on the whole process at their website . It’s also important to check if there are any requirements specific to your embassy at another State Department site. For example, some embassies require an official certificate to show you have never been married.
- Stage 2: The foreign fiancée completes the online Form DS-160 application; the fee is $265 and has to be paid before you can schedule an interview. S/he requests an interview where numerous documents and two more passport photos are required, in addition to the documents you already provided with the petition. Don’t schedule the appointment until you have all the documents. The approval from USCIS is good for 4 months so contact your embassy if you need more time. These are the documents normally required:
- Current passport that expires at least 6 months beyond your trip.
- Birth certificate.
- Police certificates from your current country of residence and all countries where you’ve lived for at least six months since age 16 (children age 16 or older need these also). Watch out for this requirement as it can really slow you down! The State Department’s ‘reciprocity tables’ state the exact – and very picky – requirements for the documents from each country. Start gathering these well before your interview.
- Medical examination – get this shortly before your interview. There will be a fee, and you must go to an approved doctors. For very detailed instructions for your country go to http://1.usa.gov/1CtoQIF .
- Form I-134 Affidavit of Support, along with the sponsor’s most recent tax return, proof of employment and other assets.
- Any documents not in English need to have a certified translation.
- Go to the embassy or consulate for your interview! You won’t have much time. Be prepared, look neat, and above all tell the truth. If you don’t have all the documents, the embassy will normally tell you what’s required and give you time to get them and schedule a second appointment. Keep in touch with the embassy if necessary. Your interview is very important, as the officer will decide if s/he believes your relationship is genuine.
- If your K-1 fiance/e visa is granted, you’ll have 6 months to enter the U.S.
- Get married within 90 days to your sponsor. If you don’t marry or if you marry someone else, your visa will expire and you must leave the country. You might not have time to plan the wedding of your dreams in that short amount of time. Many people have a simple civil ceremony within the 90 day period and then have a bigger wedding with family and friends at their convenience.
- After entering the U.S. on a K-1 visa, your fiancé(e) can immediately apply for a work permit by filing a Form I-765, Application for Employment Authorization with USCIS. A work permit would be valid for 90 days after entry, but the fiancée can apply for an extended work authorization when s/he applies for a green card.
- Stage 3: Getting your green card, or Legal Permanent Residence). The K-1 visa is NOT a green card and does not allow you to stay permanently in the U.S. It is only good for one entry into the U.S. to get married.
- To get the green card, apply to USCIS on form I-485 for ‘adjustment of status’ after you marry. You probably guessed there’s yet another fee, and it’s a big one – $1,070. Instructions are at the USCIS site. You’ll automatically be eligible for work and travel permits once you apply for your green card.
- The typical timeframe for your green card interview is 5 months from the time you file, and the interview will take place at your local USCIS office. If you get your green card, it will be a ‘conditional’ card good for two years. At that time, you and your spouse must show you’re still together or if not that the marriage was genuine, and ask that the conditions be removed. (There’s a fee for this process too).
- If you remain married to your U.S. citizen sponsor, you’ll be eligible to become a U.S. citizen three years after you get your green card. Congratulations!
Why are K-1 visas denied? The Manila embassy deals with more K-1 visa applications than any other embassy – 5,000 a year! Here’s what the embassy in the Philippines says on their website.
“K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence of the relationship; lack of a petitionable relationship; misrepresentation of the facts; medical concerns; criminal grounds and potential public charge.”
It’s wonderful that you’re in love and want to marry. Unfortunately, the visa process is not at all romantic but you’ll have to go through if you want to be together. Good luck!
You can easily self-schedule an initial Skype phone or email consultation on your case with Attorney Ida Keir on the contact page.
