Frequently Asked Questions (FAQ) About a K-1 Fiance Visa
Fiancé Visa Q&A (including Same Sex)
What is the K-1 fiancé visa process: Here is a general overview
Once my fiancé(e) is in the US, can the K-1 visa extend beyond the 90 day time frame before marriage?
- There are two phases in the K-1 process (Phase I and Phase II)
- Phase I : We file required USCIS forms. We provide additional supporting documentation for the Petition. The Petition and documents are sent to the USCIS for processing.
- The Petition is approved and our forms and documentation are sent to the consulate or embassy in the country where your fiancé lives for further processing.
- Phase II : We prepare and file additional forms and documentation that have been requested by your fiancée's embassy or consulate.
- Your fiance attends an interview and is issued a K-1 visa to come to the US.
- Your fiancée comes to the US within six months of his/her K-1 visa being issued, (this time can be extended if requested in advance of visa issuance).
- You and your fiancé marry in the US and he/she applies for permanent residency (Green Card) within 90 days. Your fiancé remains in the US and obtains temporary work and travel permits to use while the application for permanent residency is pending.
- The green card and permanent residency status is granted
Once my fiancé, who is in the US on a K-1 fiancée visa, and I get married, will my new spouse have return back home or can they stay in the US?
- No, it cannot be extended. If you and your fiancé who is here on a K-1 fiancé visa are not married within 90 days the visa expires and your fiancé will have to leave the United States.
If we do not get married and my fiancé leaves the US can I reapply?
- Your spouse may remain in the US on a permanent basis once the two of you have been married and your spouse has filed for a Green Card (which grants permanent residency) within 90 days of his/her arrival. Filing for the green card is a separate service and is not included with the K-1 visa Petition.
How long does the K-1 visa process take?
- Yes, if more than 2 years has gone by since your first petition for a fiancé visa was approved. If less than two years have gone by then additional documentation is required. A waiver would be required.
K-1 visas and how long it takes to receive it.
- This will vary from case to case depending on where you file your petition and where your fiancé’s embassy or consulate is located. A good general rule would be 5-6 months from the date of filing; however, we are seeing some fiancée visas issued in less time than that. It generally takes less time than indicated on the USCIS websites.
The main factors effecting time of processing
What if my income is too low to sponsor my fiancé under the government rules?
- Perhaps the most important factor in determining the time to process your case is the quality of the Petition you file. Your documents must be accurate and complete, and meet all USCIS and US State Department and embassy / consulate rules. This applies to both the actual forms and all of the supporting documents which must be submitted with the forms, both in Phase I (USCIS processing) and Phase II (also known as package two or three) (National Visa Center, Embassy, and Consulate processing and interview).
- If you make errors or leave something out you will either get your documents back and have to start over or you will receive a Request for Further Evidence (RFE). In this latter case they are asking for further documentation of your spouse or fiance’s eligibility for a visa. This can delay things for from a few weeks to 90 days or more and if not properly replied to may result in an outright denial with you back at square one; you will likely have forfeited your filing fee as well.
How do I use the K-1 fiancée visa to bring my fiancé to the U.S and what do I need to do to get started?
- If your income is not high enough you use a joint (additional) sponsor's income and property to achieve the needed income level.
- Within 24 hours of hearing from you, AmeriLawGroup will get the whole process started for you. Please review our Services and Fees and we will take it from there.