Fiance of a U.S. Citizen

Fiance Visa - Happy Couple

Get A Fiance Visa

Congrats on your engagement! If you are a foreign citizen who is engaged to a U.S. citizen, the K-1 non-immigrant visa may be right for you. The K-1 fiance visa will allow you to come to the United States on a temporary visa to get married within 90 days of arriving.The fiance visa is perfect for situations where you’d rather wait to get married in the United States. Therefore, it provides you the means to travel to the U.S. to get married and then allows for you to apply for the green card through the adjustment of status (AOS) process afterwards.

Who is eligible for a fiance visa?

You are eligible for a K-1 non-immigrant visa (a temporary 90 day visa) if:

  • You are the fiance of a U.S. citizen.

Your child is also eligible to get a K-2 visa to come to the United States with you. You’ll need to submit a non-immigrant visa and pay the fee for each child that will accompany you on the K-2 visa.

What to Expect During the Fiance Visa Application Process

Your U.S. citizen fiance must first sponsor you by filing a Form I-129F Petition for Alien Fiance with the United States Citizenship and Immigration Service (USCIS). You must prove eligibility by submitting required documentation and evidence of the romantic relationship. The USCIS must approve the I-129F petition before transfering it to the National Visa Center (NVC).

Once the NVC transfers the petition to the embassy, you’ll need to complete the DS-160 non-immigrant visa application and pay the fee. The embassy will schedule the K-1 visa interview and send instructions regarding the medical examination, police certifiate and the Form I-134 Affidavit of Support.

The K-1 Visa Interview at the Embassy

You must attend an interview at the U.S. embassy in your home country. First, the USCIS sends the approved petition to the National Visa Center (NVC). The NVC then corresponds with you to inform you of the transfer to the embassy in your country.

The embassy in your home country schedules the final interview and provides you with instructions to do the medical examination, obtain a police certificate in your country and provide other required documentation such as certain civil documents and the Form I-134 Affidavit of Support. The Affidavit of Support here requires your U.S. citizen fiance to show that they meet an income that is 100 percent of the poverty guidelines based on their household size. This Affidavit of Support is different from the Form I-864 Affidavit of Support during the green card process. The officer will ask questions regarding your relationship, review all documentation and your application at the interview. Then the officer will inform you of the decision at the interview.

If the officer approves the K-1 visa, the officer will return your passport by courier with the visa stamped in the passport along with a sealed envelop. You should not open the sealed envelop and must take it to the port of entry (airport) for further processing. Upon entry with the K-1 visa, you’ll be given 90 days to get married and do an adjustment of status to a green card.

Processing Times

Processing times for fiance visas are taking from one (1) year to 18 months. Processing times also depend on whether or not there are additional requests for evidence and whether there is a backlog of applications. It also depends on your particular circumstances and how quickly you respond to requests from the immigration service and NVC. To ensure the fastest possible time, ST Law expeditiously responds to requests from the service. Here’s a breakdown of the processing times:

Timeline of the fiance visa:

  1. USCIS Form I-129F Petition acceptance: 2 weeks
  2. USCIS decision: 7 – 9 months
  3. USCIS transfer to NVC after decision: 4 – 6 weeks
  4. NVC transfer to embassy: 4 – 6 weeks
  5. Embassy interview: 4 – 6 weeks

Other issues that may affect eligibility

Other factors may affect your eligibility. You should book your consultation with ST Law ASAP to determine whether such issues will affect you. Such issues include:

  • Being inadmissible
  • Being subject to one or more bars to adjustment of status

Factors that affect your U.S. citizen fiance’s eligibility as a petitioner

  1. International Marriage Broker Regulation Act (IMBRA) which requires the officer to examine the following:
    • The criminal history of the U.S. citizen.
    • Whether you met through a marriage broker.
    • Whether the U.S. citizen has filed multiple petitions within a certain time period.
  2. Convicted for certain crimes against minors.

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While you plan for your dream wedding in the U.S., the Attorney handles the Fiance Visa to make it possible.

The Attorney at ST Law Office, PLLC is experienced with handling the K visa applications. ST Law can help you determine your eligibility and help you with your filing.

What is the cost to get a fiance visa?

ST Law charges a flat fee based the work that will need to be done. The fee depends on the time to complete the case, your particular needs and the issues involved. ST Law charges a flat initial consultation fee of $300, to provide detailed legal advice for up to an hour. If you choose to retain the attorney for full representation, you will receive a flat fee quote at the consultation.

In addition to the legal fee, You will spend on filing fees and expenses. Below is the estimated cost of filing fees and associated expenses.

Fiance Visa Filing Cost

I-129F Petition: $535

Affidavit of Support: $0

Non-immigrant Visa Application: $265

Medical Examination: $250 – $700

Remember the process doesn’t end with the fiance visa. After you get married, you’ll do the Adjustment of Status From Fiance Visa to Green Card. The filing cost for this is below.

I-130 Petition: $535

I-485 Application: $1140 (but if under 14 years old and filing with at least 1 parent, then $750)

Affidavit of Support: $0

Biometrics Fee: $85

Medical Examination: $250 – $700

You should budget for other related costs associated with the process such as the cost for a police report in preparation of the final interview at the embassy and travel costs.

About ST Law’s Fiance Visa Service

For a flat fee, the Attorney will work closely with you to provide full representation during the application process. The Attorney will:

  • Handle any related immigration legal issues that arise.
  • Prepare compelling evidence.
  • File the necessary documents.
  • Communicate with the immigration service, embassy and/or the National Visa Center.
  • Complete any applicable follow up documents or request for evidence.
  • Do interview preparation.

The managing attorney at ST Law Office, Sharifa Tharpe, personally handles each case with care.

Attorney Tharpe carefully evaluates the facts in each case to prepare clients for the application process and to ensure the best outcome. Read more about Sharifa Tharpe.

The Attorney has the skill to quickly identify potential problems and to deal with it accordingly. Hiring Attorney Tharpe means you will avoid devastating mistakes. Once you pay the flat legal fee, you won’t have to worry about more hourly fees or more legal bills. The Attorney will be a phone call away.

Here’s what one client had to say about the service:

Client Testimonial - Venezuela

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Additional Resources:

From the Fiance Visa to the Green Card: Get a Green Card Through Marriage.

Want to know about other ways to get a green card? Check out ST Law’s employment and family based immigration page.

Want to get updates in immigration law? Check out ST Law’s Roundup Blog

Marriage Based Frequently Asked Questions (FAQs)

Fiance Visa FAQs