Frequently Asked Questions - Fiance Visa
Have Questions? Check out of Fiance Visa FAQ Video!
There are Many Frequently Asked Questions, Here are the Most Common...
There are Many Frequently Asked Questions, Here are the Most Common...
"The Process Takes So Long...is There a Faster Way?" ---- Generally, No. There are no legal shortcuts to make this process faster. Attempting to 'game' the process with a Visitor Visa usually results in wasted time and money. It can also hinder your chance in getting a K1 Visa. Marrying in the USA with anything but a K-1 Visa can result in Deportation.
If you get Married in Another Country then the CR1/K-3 Marriage Visa is appropriate for you. It usually takes a bit longer than the K-1 visa. However, marriage visas do have some immigration advantages. Give us a call to learn more.
(877) 855-4792 - Free Fiance Visa or Marriage Visa Consultation
"Do We Have to Meet in Person Before Filing a K-1?" ---- Generally, Yes. In RARE circumstances this requirement may be waived, but it is very unlikely. If you haven't met in person, you should use this time to start processing the paperwork and plan your trip. Proof of your meeting will be the final evidence needed to file your petition.
"I Don't Live In California, Can You Still Help Me?" ----Yes. Immigration is federal law and we serve Americans in all 50 states. With our New Website Interface, we can see all of your required information as soon as you enter it. We use this and other technologies to speed up the process and make it easy for both you and your fiance. Of course, Call Us Anytime to discuss your case.
"My Fiance Can Already Travel Here as a Visitor, on Business, or as a Student, Can Get Married and Can He/She Stay Thereafter?" -- Some people are lucky enough to be engaged to someone who already can travel to the USA. In many cases, couples are tempted to just get married in the USA. For some it is possible to get married and become residents without leaving. However, if a person comes to the USA with the intent to marry, on anything but a K-1 visa, the USCIS regards this old shortcut as fraud. Many times it results in Deportation. With such serious penalties, you will want professional help if you decide to pursue this method. Please call us today to see if we can help. We do marriage visa, visa for fiance, and visa for marriage.
BEWARE: There are so many 'Companies' out there now that claim they are 'Experienced' just because they built a website and/or filed their own K1 Fiance Visa petition. Unlike those risky startups, WE HELP OVER 1000 COUPLES EACH YEAR!
Our Law Office specializes in only Marriage Based Immigration, we can help you too!
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(877) 855-4792 - Free Fiance Visa or Marriage Visa Consultation
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Here you'll find answer to rest of the most commonly asked questions. This information is direct from the USCIS (Gov't).
What Is a "Fiance"?
How Does a Fiance Visa Work?
Petition: Filing and Next Steps at NVC and the US Embassy
What Should I Know about International Marriage Broker Regulation Act (IMBRA)?
Extending the Petition
A Fiance Is Also an Immigrant
Applying for a Visa
Fees - How Much Does It Cost?
Vaccination Requirements
What Must Happen After Getting the Fiance(e) Visa?
Can a K-1 Visa Holder Leave the United States?
Can a K-1 Visa Holder Work in the United States?
Children Have Derivative Status
How Long Does It Take?
What If the Applicant Is Ineligible for a Visa?
A fiance(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.
Sometimes the USCIS considers a person a "fiance(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.
How Does a Fiance(e) Visa Work?
If you are an American citizen and you want your foreign fiance(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiance(e) in the United States.
Petition: Filing and Next Steps at NVC and the US Embassy
You must file the Petition for Alien Fiance(e), with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Office for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiance(e) will apply for a K-1 nonimmigrant visa for a fiance(e).
What Should I Know about International Marriage Broker Regulation Act (IMBRA)?
- Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiance(e) instructions.
The petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires.
A Fiance(e) Is Also an Immigrant
Because a fiance(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiance(e) must meet some of the requirements of an immigrant visa.
The consular section at the embassy or consulate where you, the fiance(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.
Fees are charged for the following services:
- Filing an Alien Fiance(e) Petition, Form I-129F
- Nonimmigrant visa application processing fee
- Medical examination (costs vary from post to post)
- Fingerprinting fees, if required
- Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.
- Filing Form I-485 Application to Register Permanent Residence or to Adjust Status
For current fees for Department of State, government services select Fees.
United States immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements. See IV Vaccination Requirements for the list of required vaccinations and additional information.
As a fiance(e), you are not required to fulfill this requirement at the time of your medical examination for a fiance(e) visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.
What Must Happen After Getting the Fiance(e) Visa?
After getting the fiance(e) visa, your fiance(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiance(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiance(e)'s entry into the United States.
After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.
Can a K-1 Visa Holder Leave the United States?
The K-1 visa allows a fiance(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.
Can a K-1 Visa Holder Work in the United States?
As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)?
Children Have Derivative Status
The child of a fiance(e) may receive a derivative K-2 visa from his/her parent's fiance(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child's parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiance(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.
Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 21.
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.
What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
- Trafficking in Drugs
- Having HIV/AIDS
- Overstaying a previous visa
- Practicing polygamy
- Advocating the overthrow of the government
- Submitting fraudulent documents
The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.
(877) 855-4792 - Free Fiance Visa or Marriage Visa Consultation
There are no shortcuts to legal immigration and Uncle Sam is extremely harsh when people try, so do it right. Like many before you who now have wonderful lives in America, you too can get the K-1 Fiance Visa and (if needed) a K-2 Visa for his or her children. It can be done properly in a matter of months for most people. Don't Delay!
A K-1 Visa, commonly referred to as a Fiance Visa, is a 90-day visa that allows a foreign Fiancee of a US Citizen a single entry into the United States for the purpose of getting married. The process is extremely detailed and not very forgiving from a legal perspective, but it is almost always the fastest way to bring a fiance here with the intent to marry and immigrate to the USA.
There is great deal of time that goes into making it all happen, so we try to make it as easy as possible for our clients. EasyFianceVisa.com is committed to our "Three Stage - Three Phase Approach".
How Can We Help?
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Don't Delay!
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We Make it Easy, Why Wait Any Longer?
The government takes their time to make this happen, yet indecision makes this process even longer for the US Citizen. Why wait?
Everyday you wait, is one more day you will be apart. Let our expert legal team take care of this process for you. We serve all 50 states and all we do is marriage based petitions. Don't delay your life together, Start Now!
We strongly urge you not to delay, but if you are not quite ready you can at least get started by knowing what documents you need and how the process works. With this Free Starter Kit, you can begin taking immediate steps to ensuring you will be with your fiancee ...ASAP!!
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