How the Fiance K-1 Visa works: Everything a beginner needs to know

.

A Fiance K-1 visa allows YOU, an American citizen, to bring your foreign fiance to the US. And after he/she enters the US, you’ve got 90 days to marry before applying for Permanent Residency (i.e. “Green Card”).

That’s the quick explanation. 

Now, let’s get a bit more in depth because … it’s obviously when starting out, you’re no expert in immigration law.

.

.

If you’re anything like how I was, the closest you’ve ever got to immigration procedures was getting a passport stamped after landing in the Dominican Republic on vacation.

But the fiance visa process is a lot more serious. You’ve got to… 

.

• ● Submit paperwork
• ● Do a lot of waiting
• ● Go to a face-to-face interview

.

Pair that together with how tough Trump is with immigration and you’ve got a stressful situation.

But at the end of the ordeal, it does mean that your foreign partner gets to come to the US for good. So, if you want to reach that point, let me give you the basics of the Fiance K-1 visa.

Note: even though it’s a “fiance” visa, being engaged with a traditional ring ceremony is not required. In the eyes of the government, you’re “engaged” as long as you promise to marry one another.

.

.

What is the Fiance K-1 visa, anyway?

Bear with me a moment as I explain what a “visa” is. (it may not be exactly what you think)

A visa is a piece of document that allows you to “seek entry” into the US through any Port of Entry (such as an airport, marine terminal, land crossing, etc.). Meaning you can walk up to a Customs / Immigration Officer, present your K-1 visa, and ask them for permission to enter the US.

Now, the promise you make is that you’ll marry your partner within 90 days. And that’s something the United States Citizenship and Immigration Services (USCIS) holds dear — that you’re serious about marriage and not just “dating”.

Granted, this visa options isn’t right for everyone, but it is a great alternative if you don’t want to get married in a far away land — for whatever reason, such as: 

.

• ● You prefer to marry in the US
• ● You like a great venue here
• ● No family abroad to witness the wedding
• ● Some social, cultural, or political reason
  (example: LGBT couples where same-sex marriage is outlawed)

.

Although the K-1 is technically a non-immigrant visa, it’s actually treated like an immigrant visa because it ultimately leads to Permanent Residency. Don’t worry about this term just yet, just remember that it’s treated like an immigrant visa.

If your foreign girlfriend or boyfriend happens to have minor children under the age of 21, they may also be eligible for a visa (known as a K-2 visa).

.

How long does it take? And how much does it cost?

Normally, when we start talking about the fiance visa, the first two questions on our minds are: how long does it take? And how much does it cost?

It’s different for everyone. The average waiting time is 5-10 months from the day you send in your paperwork to the day your fiance has a visa. It may take longer or shorter depending on a few scenarios. (see the K visa timeline).

The K visa cost is also variable. 

.

.

You’re bound to pay thousands of dollars in government filing fees and traveling costs. And in my estimate, most couples end up paying $3,000 – $5,000 by the time they’re approved for a visa… even more after the fiance enters the US and you get married.

These procedures may sound complicated and lead you to think, “Can’t I just get some expert to do this for me? I don’t want to mess something up”. To which the answer is yes — you’re allowed to hire someone to help file the paperwork. 

But, the fact is that the vast majority of couples actually do the entire fiance visa successfully on their own (with help from websites like mine) without getting tangled with legal help.

.

How do we apply for the K-1 or K-2 visa?

Here are the four major steps involved:

.

Step # 1 – Check if you’re eligible
Goes without saying but be sure to check the basic requirements before you go spending time and money. Make sure… 

.

• ● You’re a US citizen
  .
  
• ● You two have met in-person within the last 2 years (face to face) regardless of how long your relationship has been
  .
  
• ● You’re both free and legally allowed to marry
  (single, divorced, widowed, annulled, over the age of 18, etc.)

.

There are a lot smaller requirements that either come before or after you apply, like for example, proving you meet income requirements. But these come later at the K-1 visa interview. Read my website to understand what those are.

.

Step # 2 – File your I-129F petition with the USCIS 

Your second step toward the fiance visa is to fill out and send the I-129F, Petition for Alien Fiance(e) to the government. 

Now, this submission packet normally includes the 

.

• ● I-129F form
• ● Fee payment
• ● Proof of US citizenship
• ● Evidence of your true relationship (photos, letters, phone records, texts, etc.)
• ● Proof of in-person meeting
• ● Evidence you’re free to marry 
• ● Dozens of other requirements…

.

…of these, one of the most important is to prove that you have a “bona fide” — a genuine– relationship. It helps the government understand that there’s no visa fraud involved (e.g. making a “deal” for a visa). 

So, that’s why once you mail your I-129F packet out, it takes a while for the USCIS to get to you and process your case. In the meantime, they’re busy performing all sorts of background checks. If everything checks out, you get the “approval” stamp.

On average, couples get a response back in 3-8 months. And if the USCIS has questions or concerns during the review, they’ll send you a Request for Evidence (RFE).

.

Step # 3 – They forward you to the National Visa Center (NVC)

The USCIS ships your approved I-129F over to the NVC.

This entire process from the USCIS to the NVC happens without your intervention, however, you should keep tabs on them to be sure things are going according to plan. After all, it’s in your best interest to see things through, especially since it’s taken months to get to this point.

The NVC’s main goal is to assign a case number after doing some checks of your case.

On average this takes 4-6 weeks. After which they forward your case to the US Department of State (US Consulate abroad).

.

Step # 4 – Apply with the Embassy or Consulate

The final leg of the journey is to apply for the actual K-1 visa at the Consulate. 

Your fiance gathers up a host of documents, paperwork, and proof, in anticipation for the big day. This includes getting a medical exam, police clearance certificates, your financial documents I-134, the DS-160, and more, before scheduling an interview.

This visa interview is your opportunity to submit paperwork, prove your genuine relationship, and answer any questions or doubts interviewers (Consular officers) may have. If you have any K-2 visa children, they’ll accompany you to the interview.

.

.

At the end of this sweat-inducing ordeal, if all goes well, they will stamp your passport with a visa that’s usually valid for up to 6 months. Now, you’re free to fly over to the US.

Once your fiance lands in the US and you’re happily married, your new spouse can apply for a Green Card (“Adjustment of Status”, form I-485) along with any children. 

In short, a K-1 and K-2 visa allows your fiance and any children to enter the US. The Adjustment of Status allows them to stay permanently.

Realize, we just glazed over the major steps… each of these is important in their own right. In fact, my entire website is dedicated to making sure you do these correctly. But for the sake of an introduction, I’ve just given you the highlights.

.

What’s most important to get a visa approval?

If I could go back in time, I’d teach my younger self “what it truly took to get approved” and ignore everything else, because there’s so much distraction out there.

You see, it’s easy to get caught up with “101 tricks and tips” to find that golden secret for approval. But for the 95% of us, the formula of visa approval are the three basic things I call the “three P’s”:

.

• ● Paperwork
• ● Proof of relationship
• ● Preparation

.

I must’ve researched thousands of denied cases before I saw a strong trend. According to both first-hand testimonials of couples at the interview… AND official fiance visa statistics from the Dep’t of State, the top three reasons for denial are:

.

.

1. Lack of complete, sufficient paperwork – meaning applicants walk in with incomplete forms, mistakes, or not enough evidence. This forces the consulate to deny or delay your case.
   .

1. Lack of convincing proof of relationship – meaning most of us don’t have the right idea when it comes to showing proof of relationship to convince officers we’re not defrauding the government for a visa.
   .
   
2. Not being prepared, answering questions correctly, or having a weak case – not knowing how to “fix” mistakes, or go above and beyond to get an approval.
   .
   

.

What problems do people face in the Fiance K-1 visa process?

Take it from a veteran like me, the most frustrating part of the journey has got to be waiting for your turn.

In 2018, the USCIS received more than 7.5 million petitions ranging from “employment authorization” to “asylums”. Out these millions, only 47,500 were I-129F fiance visa petitions. So, you see, the USCIS is up to their eyeballs with petitions and it takes time for them to ge to us.

It’s easy to feel like a small fish in a big pond. But, what makes it truly unbearable is the uncertainty of our future — approval or not? Imagine after all that waiting, wishing, and preparing… if we didn’t actually reunite with our partners.

And this inevitably leaves us desperate for answers… while we dream up worst-case scenarios that we did something wrong, and a denial letter will show up any moment.

Speaking of which, denials have risen sharply in recent years because of the immigration crackdown by Trump. So, the fear is not totally unfounded.

Besides the 3 reasons for denials we talked about earlier, other reasons include:

.

• ● Inadmissibilities, or past immigration violations (overstays, for example).
• ● Red flags – age difference, different backgrounds, no commonality, etc. – where they may believe your relationship is a scam (visa fraud).
• ● Criminal records of both petitioner and beneficiary.
• ● Many more

.

Here’s how to start your fiance visa process

Hopefully this gets your feet wet with the fiance visa process. Even if you’re a beginner and immigration law seems kind of complicated, the best advice is: learn, learn, learn.

It’s not impossible to figure this out. Look through videos. Look through websites. Absorb as much as you can.

But keep in mind that not all websites, forums, and YouTube videos are created equal. A lot of information may be wrong, outdated, or may not even apply to you. So, be sure to have a healthy degree of skepticism… after all, it’s your future on the line.

By using the mantra of the “three P’s” –Paperwork, proof of relationship, and preparation– you’ll stay composed especially when the waiting time is testing your nerves. 

NOW… if you’d like to jump start the Fiance Visa process, feel free to browse this website, which I update weekly with topics, step-by-step guides, and more…

Better yet, join my email list for step by step instructions on the process because there are some things I only share with email subscribers that I don’t do on the website. 

I’m here to help guide you every inch of the way getting your fiance approved from beginning to end. I’ve helped thousands of couples pass their interviews, get approved, and live the life they always dreamed of with their partners. 

.