Have you fallen in love, and want to marry? Maybe a Fiancé Visa is right for you.

So, you have met someone and fallen in love, and you want to get married, but they live in another country.  What can you do, so that you can be together?  Well, if you are a U.S. Citizen, a fiancé visa might be the right option for you.  A fiancé visa, also known as a K visa, allows your foreign national fiancé to enter the United States for a period of 90 days, so that you can get married.  Once you are married, your spouse can then apply for a green card.

What are the preliminary requirements to file a K visa application?  First, you and your fiancé must both be free to marry.  In other words, if either of you have ever been married before, the marriages must have been legally terminated.  Second, you must have seen your fiancé in person in the last two years.  A formal engagement ceremony is not necessary, but you must have at least met in person.  There are limited waivers to this requirement of meeting in person, but generally it is required.  One reason for a waiver might be an extreme hardship, such as a physical disability that prevents travel.  Another reason for a waiver might be religious or cultural traditions that prevent a couple from meeting before marriage.  If you are thinking about a waiver, it is definitely advisable to speak to an attorney first to determine if your reason is valid.

When you do go to see your fiancé in person, be sure to document it, so you have evidence to provide to immigration.  Take photos, and keep receipts from things you do together.  Now that you have returned to the United States, let’s prepare to file for a  K visa.  The first step is to file an I-129F with USCIS.  This petition will cover important details about your life and your fiancé’s life.  There are a number of important considerations here.  Have you ever filed a K visa application in the past?  Do you have a criminal history?  Does your fiancé have a criminal history?  These are things that may affect your ability to file for a K visa.  I would definitely recommend speaking to a qualified immigration attorney about these issues.

Once you file the I-129F, you then have to wait for USCIS to process the case.  Please note, processing times vary, and cases can sometimes take longer than expected.  Anywhere from 9 months to one year is fairly standard under current processing times.  Once the I-129F is approved, then you and your fiancé will work to get an interview scheduled.  The interview will occur in your fiancé’s home country (or sometimes a third country) at the local Embassy or consulate.  Since the I-129F approval is only valid for four months, in general the interview should be scheduled in this time period.  But note, this is not always the case, and interview wait times have been getting longer.  In my more recent experience, K visas have been taking about 18 months from filing of the I-129F to issuance of the K visa.

Now that you have the interview scheduled, your fiancé will gather important civil documents, and will have a medical exam.  You will also gather financial documents for an affidavit of support.  At the interview, your fiancé will be asked background questions and questions about your relationship.

Presuming all goes well, and the visa is issued, your fiancé will be able to enter the United States so that you can get married.  Note, you will only have 90 days to marry.  Most clients will have a simple ceremony in order to comply with this 90 day rule.  Honestly, the sooner you marry the better, so that your spouse can apply for a green card.

Is the finance visa right for you?  It does have advantages.  It is generally quicker than filing for a marriage based green card.  If getting your fiancé to the U.S. as soon as possible is most important to you, then maybe the fiancé visa is a better idea.  However, the fiancé visa route is more expensive, and will involve the additional step of applying for a green card in the United States.  So, rather than entering with an immigrant visa, and immediately getting a green card, your fiancé will have to file for a green card in the US.  This takes time, and costs money.  Also, fiancé visas can be scrutinized by the consular officer, and they have authority to send the case back to USCIS if they question the validity of the relationship.  This is generally not an issue, but it is worth considering.

All in all, the fiancé visa can be a great option.  I have helped many people successfully bring their fiancé to the U.S. and followed them along their immigration journey.  I would be happy to have a call with you to determine if it is the best choice for you.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.  

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