Visas for Fiancé(e)s of U.S. Citizens

What is a fiancé(e) visa to the United States of America? fiancé(e) visa is a non-immigrant visa valid for up to 6 months for only a single entry and is also known as the K-1 nonimmigrant visa.

Almost every day, we answer our clients’ questions concerning the fiancé(e) visa and explain the process during consultation.

We receive emails similar to this one:

I am looking for information regarding a fiancé(e) visa, and how can you help my USA citizen fiancé(e) and me to move to the USA?  I am a Canadian citizen, and my fiancé is a US citizen. We are ideally looking for me to move and settle in the USA.  

We seek legal advice to examine our options:

fiancé(e) visa,

Consular processing, or

Apply for a work permit and then marry in the USA and apply through adjustment of status.

As a USA citizen, you may be eligible to apply for a fiancé(e) visa to the USA.

  1. You must be a USA citizen,
  2. You both are eligible and free to legally marry each other – what it means that you, your marriage and your fiancé(e) previous marriage, if any, is legally terminated and finalized, and both of you are free to legally able to marry each other in the United States, and
  3. You and your fiancé(e) have at least met each other once within the two (2) year period before the date of the petition when you file for fiancé(e) visa.

*** you might ask for  a waiver of the in-person meeting requirement if you can provide that:

a. Meeting in person will violate the well-established customs of your fiancé(e)’s foreign customs or social norms, or

b. It will cause you, the USA citizen petitioner, extreme hardship to meet in person.

Steps to take- Petition for fiancé(e) visa:

  1. Complete form I-129F and file the form with the supporting documents with the U.S Citizenship and Immigration Services (USCIS).
  • If your petition is complete and USCIS approves your I-129F petition that your relationship between you and your fiancé(e) is recognized by USCIS then USCIS sends your approved I-129 F to the U.S Department of State (DOS) National Visa Center (NVC).
  • Then the NVC sends your approved I-129F to the U.S. consulate or Embassy from where your fiancé(e) will apply for a non-immigrant visa.  *** We had clients who were residing and working in Canada on a work permit from other countries and they applied for their K1 visa through Consulate in Canada.
  • If the officer determines your fiancé(e) qualifies for the visa, then a K-1 non-immigrant visa is granted by DOS consular officer which is valid for up to 6 months for a single entry.
  • Holding a valid K-1 non-immigrant visa does not guarantee that your fiancé(e) will be allowed to enter the USA.  Your fiancé(e) will be inspected at the Port of Entry by the U.S Customs and Border Protection (CBP) officer. A CBP officer at the port of entry will make the final decision to admit your fiancé(e).

How long is my fiancé(e) visa valid for? fiancé(e) visa is valid for up to 6 months

How long can I stay in the USA having a fiancé(e) visa?  You and your fiancé(e) have 90 days to marry each other and may apply for a green card

Can my fiancé(e) work in the USA? Your fiancé(e) may apply for a work permit which is valid only for 90 days after entry into the U.S.

What will happen if we do not marry within 90 days after my fiancé(e)entry into the USA?

Can we extend the fiancé(e) visa?

K-1 non-immigrant status automatically expires after 90 days and it can not be extended. Your fiancé(e) must leave the USA at the end of 90 days if you do not marry.

Filling fee- USCIS fee:

The government required fee for Form I-129F is USD$535

Timeline for processing fiancé(e) petition by USCIS:

Currently, the processing time for the Petition for an alien fiancé(e) (I-129F) is 10 months and it is processed at California Service.

Contact to speak to Vancouver Immigration lawyer

YA Law Corporation

504-938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.620.9598 | Fax: 604.620.9597