A Fiance Visa, also known as a K-1 visa, allows a foreign individual engaged to a U.S. Citizen to enter the United States to marry the U.S. Citizen and later obtain a green card.

This Visa is usually obtained for couples where the foreign Fiance is not in the U.S.A. and does not have a U.S. Visa or Visa-Free Travel. Orange County California Immigration Lawyer Toma Makedonski, can assist you with obtaining this Visa for your Fiance!

A fiance visa allows a U.S. Citizen to bring over a foreign fiance. The foreign spouse can be from any country, and the Visa is not country-specific. The relationship MUST ultimately lead to marriage for the Visa to be issued.

The requirements:

• The person requesting the Visa must be a U.S. Citizen. A green card holder cannot apply for their Fiance.
• The couple must intend to marry and marry within 90 days of the foreign Fiance entering the U.S.A.
• Neither person can already be married. All prior marriages must be concluded with a valid divorce.
• The couple must have met in person in the past two years unless a religious or other exemption is obtained.
• The U.S. Citizen petitioner must sponsor the Fiance or get a co-sponsor financially.

• Birth Certificates of:
  • U.S. Citizen (Include Certificate of Naturalization or Proof of U.S. Citizenship if born outside of U.S.A.)
  • Immigrant Fiance
• Copy of passports/visas of foreign Fiance
• Prior Marriage Licenses and Divorces of:
  • U.S. Citizen
  • Immigrant Fiance
• Any records of previous criminal arrests.
  • U.S. Citizen
  • Immigrant Fiance
• Past 3 Tax Returns and W2’s or 1099s of U.S. Citizen ( Of Co-Sponsor if one)
• Pay Stubs from current Employment of U.S. Citizen
• 2 Passport Style Photos of Each person.
• Photos of Couples together – i.e., trips, meetings, etc.
• Letter of Intent to Marry From Fiance.
• Affidavits of relationship or documents showing relationship:
  • Hotel and plane ticket receipts, movie or concert tickets, e-mails, phone records, etc.

Experienced fiancé , visa Chicago Illinois Immigration lawyer can assist you in determining which documents are specifically needed for your case. Call and ask about our low flat fee legal fees. 

Fees:

• USCIS Fiance Visa Fee: $535.00
• State Department Fiance Visa Fee $265.00 – Can Fluctuate
• Fiance Visa Physical – Generally between $150.00 – $350.00

After the Fiance enters the United States, gets married, and applies for Adjustment of Status, there will be additional Immigration Fees:

• USCIS Adjustment of Status Fee: $1,140.00
• USCIS Biometrics Fee: $85.00

Below is a sample of a Letter of Intent that a fiance can use to indicate ability and willingness to marry within 90 days of arriving in the U.S.A. on a K-1 Fiance Visa.

Fiance Letter of Intent

Petitioner: *Name of U.S. Citizen*

Address of U.S. Citizen

Beneficiary: *Name of Foreign Fiance*

Re: FIANCE VISA PETITION

To: United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Date:

Dear Sir or Madam:

I, *Name of Foreign Fiance*, do now state that I am legally able

and willing to marry *Name of U.S. Citizen*, the U.S. Citizen petitioner,

and intend to do so within 90 days of my arrival in the U.S. using

the K-1 Visa.

Sincerely,

_____________________________

*Name of Foreign Fiance*

Obtain Documents and Prepare Application

During this time, you will gather the required evidence and work with your attorney to prepare the K-1 Fiance application for filing with USCIS.

Week 1

Receive Receipt

A few weeks after the application is filed, you will receive a written receipt indicating the Fiance Visa Application is being processed.

Week 2-4

Initial Approval From USCIS

Generally, 5-9 months after filing the Visa Application, USCIS will approve the case. Sometimes, before the approval, USCIS may ask additional questions about the relationship. This is called a request for evidence.

Month 5-9

Transfer to The State Department and U.S. Embassy

After the initial approval, the case will be forwarded to the U.S. State Department and the Local U.S. Embassy in your Fiance’s country

Month 6-10

Interview Stage

After your Fiance pays the Visa Fee and an interview is scheduled, Your Fiance’s visa lawyer will prepare the Fiance for the interview. Your Fiance will then do their medical examination and attend the interview.

Month 7-12

Visa Issuance

Generally, one to four weeks after the interview, the U.S. Embassy will issue the Visa and return the passport to your Fiance. After such time, your Fiance must enter the United States and marry you within 90 days of entering the United States.

1-4 Weeks After Interview

In the early 2000s, The U.S. Congress was concerned that foreign fiances were particularly susceptible to domestic violence and abuse— especially those whose engagements were set up through a marriage broker (sometimes called “mail-order brides”). As a result, Congress enacted the International Marriage Brokers.

Regulation Act (IMBRA). Since the IMBRA, the fiance visa application (Form I-129F) now asks whether the U.S. Petitioner and the foreign Fiance met through an international marriage broker. In addition, Form I-129F now also asks all U.S. citizens if they have a history of violent crime and crime relating to any substance abuse. If you met your Fiance through a marriage broker or have a criminal record, speak to a Fiance Visa Lawyer to determine the best way to ensure the success of your K-1 application.

Your fiance visa lawyer should prepare you for the specific topics to be discussed at your interview, but in general, you should expect the following:

• Dress Professionally
  • Suit and tie for men if possible, or at least a button-down shirt and slacks.
  • Professional dress or suit for women.
  • No flip flops or jeans
• Arrive at the Embassy Early. The time on your interview letter is the actual interview time; please allow at least 30-60 minutes to get through security and check-in.
• When you arrive at the Embassy, present your appointment letter and your valid passport to the security personnel. Once you get through security, there is usually another reception where you check in and are typically assigned a number.
• At some point, you will be called by name or number and will be taken to your interview location.
• When you are in the office with the interviewer, be polite and do not sit until asked to.
• The officer will ask you for your appointment letter and your passport.
• You will then be asked to raise your right hand and to swear to tell the truth and nothing but the truth.
• The questions that the officers ask may not always be the same and may not necessarily be in the following order, but usually, they are as follows:
• Most officers begin reviewing the DS 160 form. They will ask for your name, address, date of birth, etc., and everything on the form. Please review the form and familiarize yourself with the questions. If there are incorrect or misspelled answers on the record, the officer will correct them. This is normal and part of the process.
• If you do not understand a question, tell the officer, they will rephrase it.
• At any point, the officer may ask to see documents about the petition, so be ready to present them.
• After the officer reviews the form, they usually start asking questions about your relationship with your fiancé. Below are some typical types of questions requested. Please note that each interview is different, so the questions you receive may not be the same:
  • Have you ever been to the U.S.A.?
  • Do you have any relatives in the U.S.A.?
  • Are you divorced?
  • How did you meet your Fiance?
  • When did you meet in person?
  • How long have you known each other?
  • When was the last time you met your Fiance? Where?
  • When did your Fiance propose?
  • What do you love about your Fiance?
  • When are you going to travel to the U.S.?
  • If so, on what kind of Visa did you travel to the U.S.? How long did you stay? When did you return?
  • What is your Fiance’s birthday?
  • Where was your Fiance born?
  • What does your Fiance do for a living?
  • Where does your Fiance work?
  • What is your Fiance’s designation at work?
  • Does your Fiance have any brothers and sisters?
  • Where does your Fiance live?
  • Where do your Fiance’s parents live?
  • Do you have any brothers and sisters?
  • What do your parents think about this engagement? Do they approve of it?
  • When did your fiance divorce?
  • Why did your Fiance’s first marriage not work out?
  • Does your fiancé have any children? How many, how old? Do they live with your fiancé?
  • Are you willing to take care of your fiancé’s children if they live with him/her?
  • When and where are you going to have the wedding?
  • How much time have you spent together?
  • Did you have an engagement party?
  • Did you make a formal announcement of your engagement to family and friends?
  • How do your families feel about your plans to get married?
  • Have you made any wedding plans?
• The officer may ask for additional details or evidence to complete the petition when the interview is over. This is relatively common and nothing to worry about. Speak to your Fiance’s visa lawyer about any additional requests or concerns. If the officer has no recommendations, they will keep the passport and give you instructions on how to pick it up with the visa stamp in it. The case usually gets approved shortly after we address their requests. Call Chicago Illinois Immigration Lawyer Toma Makedonski for any questions you might have regarding the above process. 

• When answering, answer out loud, yes or no. “Ahem” or shaking the head is not acceptable.
• Be organized. The more you are organized, the easier the interview will be.
• Do not joke with the officers.
• Be polite.
• If the officer is rude, be patient. If it becomes excessive, you may ask for a supervisor, but this is not common.
• Do not bring electronics, weapons, or sharp objects.
• If you do not intend on arriving in the U.S.A. within the next 90 days, please tell the officer so that they can extend the validity of the Visa to allow you to come at a later point.

VERY IMPORTANT: When you receive your passport back with the Visa, you may also receive an envelope that says “DO NOT OPEN.” DO NOT open it, as it will invalidate the interview, and you’ll have to do it all over again. You will have to turn this envelope in at the airport to the customs and border patrol when you arrive in the U.S.A.

Always be sure to speak to your Fiance Visa Lawyer about what to bring to the interview, but in general, the following items should be collected and brought to the Embassy:

• Your Visa Appointment Letter
• Your DS 160 Confirmation Letter
• Your SEALED medical exam results
• Your Passport
• Your Birth Certificate
• Background Check Results (Police Certificate)
• Three Passport Style Photographs.
• Certified records of prior marriages or divorces (If applicable)
• History of No Marriage (If applicable)
• Copy of the I 129-f Fiance Visa Approval Letter
• Copy of your U.S. Fiance’s Birth Certificate
  • PLEASE NOTE some officers will require an original birth certificate, so it may be a good idea to have one at the interview.
• Copy of your U.S. Fiance’s U.S. Naturalization Certificate (If applicable)
• Your U.S. Fiance’s records of prior marriages or divorces (If applicable)
• Affidavit of Support – I 134 and supporting evidence:
  • U.S. Fiance’s Recent Pay Stubs or social security statement.
  • U.S. Fiance’s Past 3 tax returns, including W2’s
  • U.S. Fiance’s proof of assets, if income is below requirement.
  • PLEASE NOTE some officers will require an original signed form I 134 instead of an e-mailed one.
• BONA FIDES: anything showing you have met in the past two years and that you have a good relationship. Examples include
  • Photos together
  • Evidence of trips – hotel receipts, travel tickets, event tickets, etc
  • Proof of financial support or financial commingling – wire transfers, gift receipts, etc.
  • Copies of correspondence, e-mails, chats, TXT messages.
  • If you have wedding plans, bring proof of those.
  • It is good to put these documents in a separate folder as the officer often asks for all of them once.
  • Note, whatever you give the officer will not be returned, so do not give them one-of-a-kind photos or sentimental items.