What is a Fiance (K-1) Visa?

  • What is a K-1 Fiance visa?

    It is a document issued by the US government which allows your fiance(e) (the person you are going to marry) to live in the US for 90 days while you get married in the US.

  • Does it matter if I live in a state which is not near the state where my lawyer is located?  No, visas are issued by the US government and can be obtained for US citizens by attorneys located anywhere in the US.  AmeriLawGroup has filed for visas for people located throughout the US and in foreign countries.

  • Can I file for a visa while I am outside of the US?  Yes, a US citizen may file for a visa while living outside the US.

  • What are the basic criteria for approval of the fiance visa?

    Generally speaking the criteria are:

    • You must be a US citizen; Fiances of permanent residents are not eligible for the K-1 Fiance visa
    • You and your fiance must be legally able to marry
    • You must really intend to marry within 90 days of the time your fiance comes to the US.
    • You must not have any disqualifying conditions such as criminal records or communicable diseases.
    • You must have personally met your fiance within the last two years
      • Note: there are some exceptions such as physical disabilities or cultural prohibitions to personally meeting prior to marriage.

  • How long does my fiance have to come to the US after the visa is issued?

    Generally, six months.

  • How long is my original petition valid?

    It is valid for four months after initial approval but may be extended an additional four months by the consulate or embassy where your fiance lives.

  • Can I marry overseas and then bring my new spouse back with me using a K-1 visa?

    No, you would have to file for a different type of Visa called a K-3 which would take longer. There is one exception for the situation where the marriage is not registered in the country in which you marry.

  • What is the K-1 fiance visa process?

    There are two phases in the K-1 process (Phase I and Phase II)
    • Phase I: You file a petition, and supporting forms. You provide additional supporting documentation for your forms. The package is sent to the USCIS in the area where you live for processing.
    • Assuming the petition and all supporting documentation is complete and properly prepared you receive approval. After approval, the petition is sent to the consulate or embassy where your fiance lives for further processing.
    • Phase II: Your fiance receives the “Information Package“ from the consulate or embassy; a compilation of numerous forms to be provided and evaluated by the consulate or embassy along with supporting documentation.
    • Your fiance receives a second package of forms and requested documents, called the "Interview Package" to be filled out and presented at the interview; this may include additional mandated verifications, medical examination reports, police review reports and other documents for embassy evaluation and approval.
    • Your fiance attends an interview, submits and is examined on her forms and documentation, and, if all goes well, she receives her visa
    • Your fiance comes to the US within six months of the embassy or consulate approval.
    • You and your fiancée marry in the US within 90 days
    • After marriage your fiance may apply for permanent residence (Green Card) and may remain in the US while this application is pending.
  • Can my original Petition approval be extended if the K-1 visa has not yet been issued?

    Yes, the original petition approval is valid for four months and may be extended by the officials at the consulate or embassy where your fiance made application

  • Once my fiancée is in the US can the K-1 visa be extended past the 90 days before marriage?

    No, if you are not married within 90 days your fiance would have to leave the US.

  • After I marry my fiance who is in the US on a K-1 visa does my new spouse have to return home?

    No, she may remain in the US if she applies for permanent residence (Green Card) in the US within the 90 days.

  • If we do not get married and my fiance leaves the US can I reapply?

    Yes, if more than 2 years has gone by since your first petition was approved. If less than two years have gone by then additional documentation is required.

  • How long does it take to obtain a K-1 fiance visa?

    This will vary from case to case depending on where you file you petition and where your fiance’s embassy or consulate is located. Please contact AmeriLawGroup for updated information regarding processing times.    

  • What if my income is too low to sponsor my fiance under the government rules?

    Generally speaking your fiancée will not be given a K-1 fiance visa if your income is too low. One exception is where you can find a co-sponsor who would qualify and is willing to co-sponsor your fiance.

  • Ok, I want to use the K-1 fiance visa to bring my fiance to the US. How do I get started?

    In most cases AmeriLawGroup can get the process started for you within 48 hours. Just review our services, pay your fee and we will take it from there.