FIANCÉ VISA LAWYERS WITH 50 YEARS OF EXPERIENCE
With a rich history spanning over 50 years, our immigration attorneys at The Law Offices of Spar & Bernstein handle all facets of immigration law, including family immigration, marriage-based visas and fiancé visas.
Our professional and compassionate approach has helped thousands of people build their success story and establish a life in the United States.
WHY HIRE SPAR & BERNSTEIN FOR A FIANCÉ VISA?
Our fiancé visa lawyers understand the significance of uniting loved ones in the U.S. for a future together. We provide comprehensive legal guidance throughout the entire process, from filing your petition to preparing you for your interview and helping you apply for an adjustment of status.
A trusted legal partner every step of the way, our well-versed and compassionate immigration team not only takes care of the application process and your legal representation, but also alleviates the stress that is often a part of any immigration process.
WHAT IS A FIANCÉ VISA?
A fiancé visa, also known as K-1 visa, is a nonimmigrant type of visa that allows the foreign fiancé of a U.S. citizen to enter the country for the purpose of getting married within 90 days of their arrival.
WHO CAN PETITION FOR A FIANCÉ VISA?
Only a U.S. citizen is eligible to act as a sponsor to petition for a fiancé visa.
A lawful permanent resident (Green Card holder) does not have the right to file a petition for a fiancé visa until they become a U.S. citizen.
WHO QUALIFIES FOR A FIANCÉ VISA?
To qualify for a fiancé visa, you must:
- Be engaged to a U.S. citizen
- Live outside the U.S.
- Be legally eligible to marry, proving all previous marriages were officially terminated
- Have a clean criminal record
- Meet the health requirements
- Have a U.S. sponsor that meets the income requirements to support you financially
HOW TO APPLY FOR A FIANCÉ VISA
To apply for a fiancé visa:
- Complete Form I-129F: Ask your U.S. sponsor (your fiancé) to file Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS), along with any required documents.
- Pay the fee: Pay the processing fee for your visa application.
- Wait for a confirmation receipt: Once Form I-129F is filed, USCIS will send you a receipt notice. They may also request additional documentation.
- Wait for the National Visa Center (NVC) to conduct preliminary processing: Once USCIS approves your petition, they will send your case to the NVC for preliminary processing. Once the processing by the NVC is completed, your case will be moved to your country’s Embassy or Consulate.
- Undergo a medical examination: Complete a medical examination with a physician who is authorized by the Embassy or Consulate.
- File Form DS-160: Complete and submit Form DS-160, Nonimmigrant Visa Application.
- Attend the interview: Go for your visa interview where the consular officer at the U.S. Embassy or Consulate will ask you questions about your relationship with your U.S. sponsor and determine if you are eligible for a fiancé visa.
- Receive your visa: If your K-1 visa application is approved, you will be granted a fiancé visa.
- Travel to the U.S.: Enter the U.S. through a port of entry within six months after the initial Form I-129F’s approval.
- Get married: Marry your U.S. fiancé no later than 90 days after you entered the U.S.
- Apply for an adjustment of status: File Form I-485, Application to Register Permanent Residence or Adjust Status.
FAQS ABOUT FIANCÉ VISAS
Is A Fiancé Visa Renewable?
No, a fiancé visa is not renewable. It is only valid until the expiration of the 90-day period during which you are expected to marry your partner.
Can My Fiancé File A K-1 Visa Petition If They Are A Lawful Permanent Resident?
No, lawful permanent residents are not permitted to file a K-1 visa petition. Schedule a consultation with our fiancé visa lawyers at Spar & Bernstein to understand your options.
Is There An Age Requirement To Apply For A Fiancé Visa?
There is no specific age requirement for applying for a K-1 visa. However, to be eligible for a fiancé visa, both you and your U.S. sponsor must be at least 18 years old.
How Much Does My U.S. Sponsor Need To Make To File A K-1 Visa Petition?
To prove they can support you financially in the U.S., your fiancé must have an income over 100% of the most recent Federal Poverty Guidelines.
Can I Apply For A Fiancé Visa If I Have Previous Marriages?
Yes, you can apply for a fiancé visa even if you were previously married. The only condition is that your prior marriages need to be legally terminated and you must be able to prove that by providing either a divorce decree or a death certificate.
How Long Does It Take USCIS To Process A K-1 Visa Petition?
Depending on the field office where your K-1 visa petition was filed, it may take USCIS 5-16 months to process your petition.
How Much Does A Fiancé Visa Cost?
Currently, the cost of a fiancé visa is $2,025, including:
- $535 for the submission of Form I-129F, Petition for Alien Fiancé
- $265 for the submission of Form DS-160, Nonimmigrant Visa Application
- $1,225 for the submission of Form I-485, along with the biometrics fee
USCIS is considering an increase of application fees as of summer 2023. Contact our fiancé visa lawyers for the most recent updates on K-1 visa cost.
Can I Bring My Children To The U.S. On A K-1 Visa?
Yes, if your K-1 visa is approved and your children are unmarried and under 21, you may have the right to bring them to the U.S. They may be eligible to join you on a K-2 visa as derivative applicants.
Can I Work In The U.S. On A Fiancé Visa?
To have the right to legally work in the U.S., you must have a work permit (employment authorization). To apply for employment authorization, complete and submit Form I-765, Application for Employment Authorization.
Schedule a consultation with our experienced fiancé visa lawyers. We will help you file the required documents so you can pursue employment opportunities.
Can I Apply For A Fiancé Visa If My partner Is The Same Sex As Me?
Yes, you can apply for a fiancé visa if your partner is of the same sex. If they meet the requirements, same-sex couples have the same eligibility and rights as opposite-sex couples.
What Documents Can Support My Fiancé Visa Application?
To verify your relationship, you and your fiancé may be asked to submit additional documentation, such as:
- Proof of your relationship with your fiancé: Communication records, evidence of in-person meetings or photographs together
- Proof of your sponsor’s U.S. citizenship: A U.S. passport, certificate of naturalization or birth certificate
- Proof of termination of any prior marriages: Divorce decrees or death certificates
- Proof of financial support on the part of your U.S. sponsor: Bank statements, employment verification document and tax returns for the three most recent years
What Happens If The Engagement Ends Before I Marry My U.S. Sponsor?
If the engagement ends before you marry your U.S. sponsor, they can withdraw the K-1 visa petition. This means you will have to depart the U.S.
What Happens If The Engagement Ends After I Marry My Fiancé?
If the relationship ends after you marry your U.S. sponsor, you may still be eligible for an immigration option. Talk to our fiancé visa lawyers at Spar & Bernstein who will review your case and outline the legal possibilities.
Can A Fiancé Visa Be Converted Into A Different Visa Category?
A fiancé visa cannot be directly converted into a different visa category. Once you get married, you must apply for an adjustment of status to become a permanent resident or seek other visa options.
Can I Marry My U.S. Sponsor Outside The U.S.?
A fiancé visa allows you to travel to the U.S. and marry there. Marrying your partner outside of the U.S. will require an application under a different visa category.
Can I Leave And Re-Enter The U.S. On A Fiancé Visa?
Yes, you can leave and re-enter the U.S. before getting married. However, before you depart, you must obtain a travel permit or advance parole to be allowed back into the country.
Is There An Annual Limit To The Number Of Fiancé Visas Issued By The US Government?
No, there is no annual limit to the number of fiancé visas issued by the government.
Can I Apply For A Fiancé Visa If I Was Previously Denied A U.S. Visa?
The fact that you were previously denied a visa does not automatically disqualify you from applying for a fiancé visa. Contact our immigration team at Spar & Bernstein to build a strong case that addresses any previous denial concerns.
Experienced Leader in Immigration and Injury Law
Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.View Brad's Bio