
Fiance visas: did you know?
- Over 27,000 people come to the U.S. on a K-1 fiance visa each year.
- Approximately 95% of these visas get approved by the USCIS, with only about 1,200 petitions getting denied or waived/overcome.
- An additional 4,500 visas get approved each year for family members of foreign fiances (for example, on derivative visas like the K-2).
There are 4 general requirements to get a fiance visa in the U.S.
- The sponsor must be a U.S. citizen.
- The sponsor and his or her fiance must complete the marriage within 90 days of the foreign fiance entering the U.S.
- Both fiances must be legally free to marry.
- The sponsor and his or her fiance must have met in person within the last 2 years.
We complete hundreds of fiance visas each year, and are always thrilled to see couples finally able to begin their lives together. Many people have questions during their fiance visa application; although each situation is different, there are some general guidelines to remember when considering your fiance visa application.
What if my fiance and I haven't met in person yet?
The current law in the U.S. states that you must have met with your fiance in person within the last two years in order to qualify for a K-1 fiance visa. If you haven't met in person yet, or if it has been over two years, you may have options available. Most couples will do one of the following:
- The U.S. fiance can travel abroad to visit his or her fiance (depending on the country and your length of stay, you may need a tourist visa), or
- The foreign national fiance may apply for a visitor visa to the U.S.
People often want to know if they can come to the U.S. on a B-2 visitor visa, and then stay to get married. Generally, we don't recommend this method since it could complicate your green card application in the future. Most of the time, the K-1 fiance visa process is your best route for getting married to your fiance.
What about employment on a fiance visa?
Currently, your foreign national fiance will not be able to work in the U.S. until a work authorization application is approved. Once your fiance arrives in the U.S., he or she will be able to complete this application. The processing time to receive work authorization is about 90 days, on average.
Also, the U.S. citizen sponsor must be able to prove that he or she is able to financially support his or her fiance. The USCIS designates certain income requirements in an effort to make sure that bringing in foreign fiances will not overburden the U.S. economy. Some people may have the option of petitioning with a co-sponsor; your immigration attorney will be able to help you if this is your situation.
What if we aren't married within the 90 day window?
Some couples are unwilling or unable to get married within the 90 days allowed by a fiance visa. In this case, it is generally the best option for the foreign national fiance to return to his or her home country. If you still want to get married in the future, you will have to complete the process again. If you and your fiance have decided not to get married (prior to the 90 day deadline), you may withdraw your application.
For more information about fiance visas, visit our K-1 fiance page or contact us for more information.