What is a Fiancé (K-1) Visa?

The K-1 fiancé(e) Visa lets the foreign fiancé(e) of an American citizen enter the United States for 90 days, for the purpose of getting married. It’s a non-immigrant visa, meaning it does not grant permanent residency.

However, once married, the foreign spouse can apply to adjust their status and become a lawful permanent resident (Green Card holder).

If you’re planning to marry your partner in the U.S., Blue Lake Law can help you. We’ll guide you through the K-1 visa paperwork, offer expert advice, and ensure your transition is as smooth as possible.

Eligibility for Fiancé Visas

To qualify for a K-1 Visa the following conditions must be met:

  • The sponsoring partner must be a U.S. citizen. Non-U.S citizen permanent residents or Green Card holders cannot sponsor a K-1 Visa.
  • Both partners must be at least 18 years old.
  • Both partners must be legally free to marry, meaning any previous marriages should have legally ended.
  • The couple must have plans to marry within 90 days of the fiancé’s arrival in the U.S.
  • The couple must have met in person at least once in the last two years.
  • The U.S. sponsor must meet certain income requirements outlined by the Federal Poverty Guidelines for immigration.

Documents Required for a K-1 Visa Application

You’ll need to submit a few essential documents with your K-1 Visa application, including:

  • A valid passport. The passport must be valid for at least six months beyond your intended stay in the U.S.
  • Birth certificate
  • A completed Form I-129F, Petition for Alien Fiancé(e)
  • Divorce decrees or death certificates (if previously married)
  • Police certificates from countries where you’ve lived for more than six months
  • Evidence you and your  U.S. citizen fiancé(e) have met in the past two years and that you intend to marry within 90 days of entering the United States.

K-1 Visa Process

As with most visa applications, filing for a fiancé(e) visa is a lengthy process. Here’s a brief overview of how it starts and how Blue Lake Law can assist you along the way:

Petition Filing

We can complete the I-129F Petition for Alien Fiancé(e)for you and your American fiance (the sponsor)  , and help you gather supporting documents like proof of relationship and financial statements. Our team will meticulously complete all your paperwork to ensure everything is filled out accurately and completely. 

Once the petition is ready, we’ll submit it to the U.S. Citizenship and Immigration Services (USCIS). We’ll monitor the status and keep you informed of any updates or additional information requests from the USCIS.

USCIS Review

Once submitted, the USCIS will review your petition and verify your relationship.

National Visa Centre

If USCIS approves the petition, it goes to the U.S. Department of State National Visa Center (NVC) for additional processing. The NVC then sends the petition to the U.S. Embassy or Consulate closest to where you reside.

At this stage, your U.S. sponsor fiancé will fill out Form I-134, Affidavit of Support, to prove that they can support you financially. You will also need to complete Form DS-160 to submit biographical information.

Medical Examination

Per U.S. immigration law, you’ll need a medical examination conducted by an authorised physician. They’ll check for any health conditions that could make you inadmissible in the U.S. and administer appropriate vaccinations.

If you object to vaccinations for medical, religious, or moral reasons, you may qualify for a vaccine waiver, which could exempt you from some or all required vaccinations for entering the United States. Our team will help you apply for this waiver, making sure all your documentation is precise and properly submitted.

Embassy Interview

Next, we will help you schedule and prepare for your visa interview at your nearest U.S. Embassy. During the interview, you’ll need to present all required documents and answer personal questions about your relationship and plans in the U.S.

Visa Issuance and Entry to the United States

If the visa is approved, you will have a six-month window to travel to the U.S in order to get married

Marriage Requirement

You must marry your U.S. citizen fiancé(e) within 90 days of arriving in the U.S. If you don’t get married, you may be deported.

Adjustment of Status

After the marriage, we can help you apply to adjust your status and become a lawful permanent resident of the U.S. (Green Card holder).

The K-1 Visa processing timeline can vary, so it’s important to prepare for waiting periods. Having said that, our team will work diligently to ensure all your paperwork is complete and accurate from the start to avoid any unnecessary delays.

Let Blue Lake Law help you streamline the K-1 Visa application process. Contact us today.

Additional Things to Consider

Children of Fiancés

If you have unmarried children under the age of 21, they can accompany you to the U.S. under a K-2 Visa. Later, they can apply for a Green Card.

Work Eligibility

Once you arrive, you can apply for a work permit by filing for Employment Authorization.

What Happens if You Don’t Get Married in 90 Days?

If you don’t marry your U.S. citizen fiancé(e) within 90 days of entering the U.S., your K-1 visa will expire. You may need to leave the country to avoid violating U.S. immigration laws.

How Blue Lake Law Can Help You

At Blue Lake Law, we know just how complex the U.S. immigration system is. We’re here to offer expert advice and bespoke support, so you can concentrate on starting your new life with your partner in the United States.

How we help with U.S. Fiance (K1) visas:

  • Manage all the paperwork and submissions.
  • Thoroughly review each document to minimise delays.
  • Keep you updated throughout every step of your application process.
  • Support you with a spousal visa after you are married.