Abe's INS Fiancée Visa Help Site

Frequently Asked Questions

What is the best visa for a U.S. citizen considering marriage to a foreigner?

The "K-1" Fiancee Visa is your best choice because it allows you to invite your fiancée to America for a period of 90 days, during which time your fiancée must either marry you or return to her home country.

Can I make a future fiancee visa application if we do not marry within the 30 days and she returns to her own country?

Yes. If you do not marry your fiancee, you will not be precluded from making a future Fiancee Visa application (although a second fiancee petition will be a more challenging proposition). Your fiancee similarly will not be precluded from receiving another visa in the future.

What are the main criteria for approval?

You are a U.S. citizen
You have met your fiancee within the previous two years
You and your fiancee are both legally free to marry
You and your fiancee both have a serious intention to marry within 90 days of your fiancee’s arrival in America.

What phases can I expect to go through when applying for a K1 Fiancée Visa?

1. Bureau of Citizenship and Immigration Services (BCIS, formerly INS) Phase
To begin the Fiancee Visa process, the Petitioner must first submit an application to the INSBCIS. The petitioner and fiancée will need to file numerous forms and documents with the BCIS in order to prove that the petitioner and fiancée qualify for the K-1 Fiancee Visa. A correctly prepared Petition will be approved by the BCIS in within two to six weeks.

2. U.S. Embassy Phase
Once approval has been received, the petitioner and fiancee must send a minimum of six additional forms to the U.S. Embassy having jurisdiction over the fiancee's petition (Moscow for Russians, Warsaw for Ukrainians, etc.). Once the documents have been received by the Embassy, and the State Department’s background check on the fiancee has been concluded, the fiancee will be instructed to undergo a medical examination at a designated local clinic. The fiancée will then have to appear at the U.S. Embassy for presentation of forms and supporting documents and undergo an interview with an Embassy Consular Official. If the paperwork is all correct, and there are no problems in the interview, the visa will be issued on the same day as the interview. Thereafter, the fiancee is then free to travel immediately and directly to the United States.

What documents are required?

The consular officer will notify the beneficiary when the approved petition is received and will provide the beneficiary with the necessary forms and instructions to apply for a fiancee visa. The following documents are usually required:

Passport
Birth certificate
Divorce or death certificate of any previous spouse (if applicable)
Police record from all places lived of residence since age 16 (if applicable)
Medical examination report
Evidence of support
Evidence of a valid relationship with the petitioner
Photographs (according to specifications)

My fiancee has children. Can I bring them over too?

Unmarried, minor children (under 21) of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent, so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancee into the United States within one year from the date of issuance of the K-1 visa. After thatthe lapse of one year, a separate immigrant visa petition is required.

Will my fiancee be able to get a work permit?

After arrivingUpon arrival in the United States, your fiancee will be eligible to apply for a work permit. The Bureau of Citizenship and Immigration Services might not be able to process the work permit within the 90 day time limit allotted for your marriage to take place. Your fiancee should use Form I-765 to apply for a work permit. If your fiancee applies for adjustment to permanent resident status, your fiancee must re-apply for a new work permit after the marriage.

Who is not eligible for a visa?

Applicants who are not eligible for a visa include those who:

Have a communicable disease
Have a dangerous physical or mental disorder
Have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution
Have used fraud or other illegal means to enter the United States
Are drug addicts
Are likely to become a public charge
Are ineligible for citizenship

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