Fiance Visa USA: Process, Costs & Requirements

By Nita Nicole Upadhye

Table of Contents

If you are planning to marry a US national in the United States, you will in most cases need to secure a fiancé visa for the USA.

There are several immigration options to consider if you are marrying a US citizen, including the fiancé visa which will be appropriate if your plans are to travel to the US to get married there.

Below we look at frequently asked questions in relation to this type of visa, from what this is to how much it costs.

 

What is the US Fiancé Visa?

 

The US Fiancé Visa, known officially as the K-1 visa, is a nonimmigrant visa that allows the fiancé(e) of a US citizen to enter the United States for up to 90 days for the purpose of getting married. Once approved, the foreign national must enter the US and marry the sponsoring US citizen within 90 days.

After the marriage takes place, the foreign spouse can apply to adjust their status to become a lawful permanent resident of the United States by applying for a green card through marriage.

In the event that you have any unmarried children under the age of 21, the Fiance Visa USA will also allow you to make an application on their behalf for their own visa to accompany you to the United States. The child of a K-1 visa holder will need to apply for a K-2 visa.

 

What does a Fiancé Visa USA not allow?

 

In the event that the wedding is delayed beyond 90 days, your fiancé visa will automatically expire. Unfortunately, this type of visa cannot be extended and, as such, you may be required to leave the country.

You will need to ensure, therefore, that any wedding plans are firm, and that you get married within the permitted timeframe. 

In the event that you decide not to get married, you will be required to leave the country. You also must marry the K-1 petitioner and no one else in order to remain in the United States.

 

Fiancé(e) visa requirements

 

To be eligible for the K-1 visa, you must meet the following requirements:

 

  • Your fiancé(e) is a US citizen.
  • You and your fiancé(e) intend to marry one another within 90 days of your admission to the United States.
  • You and your fiancé(e) are both legally free to marry, ie; any previous marriages have been terminated by divorce, death or annulment.
  • You and your fiancé(e) have met each other in person at least once within the two year period immediately prior to any petition being filed on your behalf, unless meeting in person would either result in extreme hardship or would violate strict customs of your foreign culture.

 

Further, you must have a bona fide intent to establish a life with your US fiancé(e), whereby the marriage must not be for the sole purpose of being able to obtain a green card.

 

How to apply for a fiancé(e) visa

 

To apply for a Fiance Visa USA your US fiancé(e) will first need to file a petition on your behalf with US Citizenship and Immigration Services (USCIS) using Form I-129F (Petition For Alien Fiancé(e)), together with the relevant fee.

The petition will also need to be supported by various documents to prove your eligibility as a fiancé(e).

The documentation will need to include evidence of the US citizenship of your fiancé(e), termination of any previous marriages, your intention to marry in 90 days of entry and any in-person meetings. Your fiancé(e) will also need to provide a colour passport-style photograph of each of you.

Once the petition is approved, you will need to submit your visa application online using Form DS-160, together with the relevant fee. You will also need to schedule an interview appointment with the US Embassy or consulate where you reside.

You will need to take a number of documents with you to your interview, including but not limited to the confirmation page of your Form DS-160 and your passport valid for travel for at least six months, as well as evidence that your relationship with your US fiancé(e) is genuine.

The interviewing consular officer will ask you various questions relating to the nature of your relationship, including how you met and how the relationship has subsequently progressed. You will also be asked what your intentions are when you travel to the United States, in particular, whether you intend to live a life together with your new spouse.

 

Fiancé(e) visa processing times

 

Once the petition is submitted, a Form I-797 Notice of Action will be issued, acknowledging receipt of the petition. Thereafter, it could take several weeks, and in some cases months, to process.

K1 visa processing times will depend on the service center that is processing your application. The majority of K1 visa applications are bing processed as follows:

  • California service center – 16.5 months
  • Vermont service center – 8 months
  • Texas service center – 16.5 months
  • Potomac service center – 13 months
  • Nebraska service center – 5 months

 

These times are subject to change. Take advice or check the USCIS website for the latest processing times.

Unfortunately, as with some visa categories, you cannot pay extra to expedite your petition being approved through premium processing.

In the event that the application and documentation in support satisfy the case officer that you are eligible for a fiancé(e) visa, the approved petition will be forwarded to your local US Embassy or consulate. An approval notice will be issued to indicate that the petition has been approved.

 

How long is a fiancé(e) visa valid for?

 

If your application for a fiancé(e) visa is successful, it will remain valid for a period of up to six months for a single entry to the United States.

Within 90 days of entering the United States, you must have legally got married to your visa sponsor.

It is also worth remembering that once the visa petition has been filed, this also has a short expiry date, in that it will only remain valid for a period of four months. Once granted, you will therefore need to ensure that you act quickly to file your application for your visa.

 

How much does a fiancé(e) visa cost?

 

The total fees for a K1 visa application made outside the US is $940.

In the event that you decide to stay in the United States after you have married, rather than returning to your home country to start married life with your new spouse there, you will also need to pay a fee of $1440 for Form I-485 to adjust your status to that of a lawful permanent residence.

 

Fee Type Cost
K-1 visa petition (Form I-129F) $675
US State Department processing (Form DS-160) $265
Medical examination *Varies
Adjustment of status form (Form I-485) $1440

 

 

Can K-1 visa holders work in the US?

 

K-1 visa holders are not automatically authorized to work in the US upon arrival. However, they may apply for an Employment Authorization Document (EAD) by filing Form I-765 after entering the country. If approved, this document allows lawful employment during the 90-day period before marriage. In practice, processing times may exceed that 90-day window, making short-term employment difficult unless the EAD is approved quickly.

Once the K-1 visa holder marries the US citizen petitioner, they must file for Adjustment of Status using Form I-485 to become a lawful permanent resident. Alongside this application, they can again file Form I-765 to request a new EAD. This second EAD typically allows employment while the green card application is pending.

To legally work in the US beyond the initial K-1 period, the foreign spouse must either have a valid EAD or become a permanent resident. Once the green card is issued, no separate employment authorization is needed, as the green card itself serves as proof of eligibility to work in the United States.

 

Need assistance?

 

For specialist guidance on your fiancé visa application, speak to our US immigration attorneys.

 

K1 visa FAQs

 

How long does a fiancé visa take USA?

K1 visa processing times will depend on the service center that is processing your application. The California and Texas service centers are taking 16.5 months for the majority of K1 applications, while Nebraska is only 5 months.

 

What are the requirements for fiancé visa in USA?

US fiance visa applicants must be marrying a US citizen within 90 days of entering the US with the K1 visa. In most cases, you must have met your fiancé at least once within the 2-year period before you file your petition.

 

Which is faster fiancé visa or spouse visa?

US fiancé visas are issued for up to six months. One condition of the fiancé visa is that you get married to your US citizen fiancé(e) within 90 days of entry into the US.

 

How long can I bring my fiancé to USA?

Fiancé visas are issued for up to six months. One condition of the fiancé visa is that you get married to your US citizen fiancé(e) within 90 days of entry into the US.

 

Glossary

 

 

Term Definition
K-1 Visa A nonimmigrant visa that allows a foreign fiancé(e) of a US citizen to enter the US for marriage.
Fiancé(e) A person engaged to be married. In immigration terms, refers to the foreign national seeking to marry a US citizen.
Form I-129F The petition filed by a US citizen with USCIS to begin the K-1 visa process.
Form DS-160 The online visa application form completed by the foreign fiancé(e) for the US consulate interview.
Form I-485 The application to adjust status to lawful permanent resident after the K-1 visa holder marries the US citizen.
Adjustment of Status The process of applying for a green card from within the US after entry on a valid nonimmigrant visa.
USCIS United States Citizenship and Immigration Services, the agency that processes immigration forms and petitions.
Affidavit of Support A legal document confirming that the US petitioner has sufficient income to support the foreign fiancé(e).
Out of Status The term used when a visa holder remains in the US after their legal stay has expired or violates visa terms.
Marriage-Based Green Card Permanent residency obtained through marriage to a US citizen, typically following entry on a K-1 visa.

 
 
 

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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