Visa Options for Fiancé(e)s of U.S. Citizens

1. What is the K-1 Fiancé(e) Visa and how does it work?


The K-1 Fiancé(e) Visa is a visa that allows a foreign-born fiancé(e) of a United States citizen to enter the United States legally for the purpose of marriage. The process begins when the US citizen petitioner files a petition with the US Citizenship and Immigration Services (USCIS). After the petition is approved, the foreign-born fiancé(e) must apply for a K-1 nonimmigrant visa at a US embassy or consulate in their home country. Once the visa is issued, the fiancé(e) is allowed to travel to the US and marry their US citizen sponsor within 90 days of entry. If the marriage does not take place within 90 days, the K-1 visa holder must leave the United States. After marriage, the foreign-born spouse may then apply for legal permanent residence (green card) in the United States.

2. What is the difference between the K-1 Fiancé(e) Visa and the K-3 Spouse Visa?


The K-1 Fiancé(e) Visa is used for a foreign-citizen fiancé(e) of a U.S. citizen to come to the U.S. in order to get married to their U.S. citizen partner and obtain permanent resident status (a Green Card). The K-3 Spouse Visa is used for a foreign-citizen spouse of a U.S. citizen to come to the U.S. in order to live and work while the immigration process is completed for permanent resident status (a Green Card).

3. How long does it take to get a K-1 Fiancé(e) Visa?


The total processing time for a K-1 Fiancé(e) Visa can vary from case to case, but the average processing time can be anywhere from 6 to 8 months, depending on the individual case and the embassy or consulate involved.

4. What documents do I need to apply for a K-1 Fiancé(e) Visa?


In order to apply for a K-1 Fiancé(e) Visa, you will need the following documents:

1. A valid passport

2. Form I-129F, Petition for Alien Fiancé(e)

3. Evidence of U.S. citizenship for the petitioner (for instance, a birth certificate, naturalization certificate, or U.S. passport)

4. Evidence of termination of previous marriages of the petitioner and/or the beneficiary (if any)

5. Evidence of a legally binding relationship between the petitioner and beneficiary (such as an engagement photograph, affidavits from friends or family members, and/or documentation of correspondence between you and your fiancé(e))

6. Two passport-style photographs of each person applying for the visa (petitioner and beneficiary)

7. Evidence of financial support (for instance, tax returns and/or bank statements)

8. A medical examination (if required by the U.S. Embassy or Consulate where you will be applying for the visa)

9. DS-160, Nonimmigrant Visa Electronic Application

10. A filing fee for Form I-129F

5. What is the interview process for a K-1 Fiancé(e) Visa?


The interview process for a K-1 Fiancé(e) Visa typically includes an initial interview at the U.S. Embassy or Consulate in the foreign fiancé(e)’s country of residence. During the interview, the consular officer will ask questions about the applicant’s relationship with their U.S. citizen fiancé(e) and the applicant’s eligibility to receive a K-1 visa. The officer may also review documents and other evidence to verify the legitimacy of the relationship and the applicant’s qualifications to receive a nonimmigrant visa. The consular officer may also request additional documents, such as proof of financial ability or a police clearance certificate. After reviewing all of the documents and evidence, the officer will decide whether to approve or deny the application. If approved, the applicant will be issued a K-1 visa and allowed to travel to the United States.

6. How much does a K-1 Fiancé(e) Visa cost?


The total cost of a K-1 Fiancé(e) Visa can range from $1,000 to $2,500, depending on the services used. This includes the filing fees for the I-129F petition, the visa application fee, any medical exam fees, lawyer fees and other miscellaneous expenses.

7. Can I bring my children with me on a K-1 Fiancé(e) Visa?


Yes, you may bring your children with you on a K-1 Fiancé(e) Visa. Your children must obtain K-2 visas to enter the United States. Your children will need to apply for the K-2 visas at the same time as you apply for the K-1 visa.

8. Is there an age requirement for the foreign fiancé to qualify for a K-1 Fiancé(e) Visa?


Yes, the foreign fiancé must be at least 18 years old.

9. Can I work in the US with a K-1 Fiancé(e) Visa?


Yes, you can work in the US with a K-1 Fiancé(e) Visa. As the holder of this visa type, you can apply for a work permit from U.S. Citizenship and Immigration Services (USCIS) once you have entered the U.S. However, it is important to note that the K-1 Visa is only intended for those seeking to marry a US citizen and stay in the US to build a life with them. Therefore, if you intend to work in the US, you will need to apply for additional visa types or permanent residence status beyond the K-1 Fiancé(e) Visa.

10. How long is a K-1 Fiancé(e) Visa valid for?


A K-1 Fiancé(e) Visa is typically valid for 90 days.

11. Is there an expiration date for a K-1 Fiancé(e) Visa?


Yes, a K-1 Fiancé(e) Visa does have an expiration date. The visa generally expires after six months from the date of issuance. After this time, the visa holder must either leave the United States or apply for permanent residency.

12. What happens after I get my K-1 Fiancé(e) Visa?


Once you have been approved for your K-1 Fiancé(e) Visa, you will travel to the U.S. and be required to marry your U.S. citizen fiancé(e) within 90 days of your arrival. Once you have married, you may then apply for permanent residence through a process known as “adjustment of status”. After this, you will be able to work and travel freely in the U.S. with your permanent resident card.

13. How long does it take to turn a K-1 Fiancé(e) Visa into permanent residency?


It depends on a variety of factors, including the couple’s unique situation, and the country of origin of the fiancé(e). Generally, the process of obtaining a permanent resident card (also known as a Green Card) through marriage takes approximately 6-9 months from the time the K-1 Fiancé(e) Visa is granted.

14. What is the CR-1 Spouse Visa and how does it work?


The CR-1 Spouse Visa is a nonimmigrant visa that allows the foreign spouse of a U.S. citizen to live and work in the United States. The visa is valid for two years and can be renewed if the marriage is ongoing and valid. To qualify, the marriage must be legally recognized in their home country as well as in the U.S., and the foreign spouse must be able to prove that they have no criminal record and that they are not a public charge. The foreign spouse must also pass a medical examination and provide evidence of financial support from either their U.S. spouse or an approved third party. The foreign spouse will need to complete the necessary applications and provide necessary documentation to the National Visa Center or the U.S Embassy or Consulate in their home country in order to begin the visa process.

15. How long does it take to get a CR-1 Spouse Visa?


The processing time for a CR-1 Spouse Visa is typically 6-9 months from the date the Form I-130 Petition is filed with the United States Citizenship and Immigration Services (USCIS). However, processing times vary depending on USCIS workloads and can take up to 12 months or longer.

16. What documents do I need to apply for a CR-1 Spouse Visa?


To apply for a CR-1 Spouse Visa, you will need to gather the following documents:

• Form DS-260, Immigrant Visa Electronic Application
• Form I-130, Petition for Alien Relative
• Passport-style color photographs of both applicants
• Birth certificates for both applicants
• Evidence of marriage (marriage license, certificate of registration, etc.)
• Evidence of termination of any prior marriage(s) for both applicants
• Evidence of financial support (Form I-134 Affidavit of Support)
• Documents to establish the petitioner’s U.S. citizenship or lawful permanent resident status
• A medical examination report from a doctor approved by U.S. consular officials
• Evidence of the petitioner’s military service (if applicable)

17. What is the interview process for a CR-1 Spouse Visa?


The interview process for a CR-1 Spouse Visa involves the applicant and their spouse (the petitioner) being interviewed by a consular officer at a U.S. Embassy or Consulate abroad. During the interview, it is common for the consular officer to ask questions about the couple’s relationship to verify its legitimacy. The officer may also ask questions regarding the petitioning spouse’s income and assets, the applicant’s background, and the couple’s plans for living in the U.S. Once all of the documents have been reviewed and the interview is complete, the officer will make a decision to approve or deny the visa application.

18. How much does a CR-1 Spouse Visa cost?


The total fee for a CR-1 Spouse Visa is $535, which includes a $325 application fee and a $210 affidavit of support fee.

19. Can I bring my children with me on a CR-1 Spouse Visa?


Yes, you can bring your children with you on a CR-1 Spouse Visa. You will need to include them in your visa application and they must meet the requirements for eligibility.

20. Is there an age requirement for the foreign spouse to qualify for a CR-1 Spouse Visa?


Yes. The foreign spouse must be at least 18 years old in order to qualify for a CR-1 Spouse Visa.