How to Get a Fiancé Visa in Pennsylvania

Are you dreaming of tying the knot with your fiancé from abroad? You'll need to navigate the process by getting a fiancé visa. And that means paperwork. The more thorough you are when completing that paperwork, the better your chances of visa approval.

You might want to consult an immigration lawyer to help expedite the process and eliminate potential hiccups. But if you're confident to go it alone, we'll give you some insights to ensure your success.

What is a Fiancé Visa?

A K1 (fiancé visa) visa grants the fiancé of a U.S. citizen the right to enter the United States.

The visa is valid for 90 days, during which the marriage must occur. Otherwise, the fiancé must leave the country. The same is true if you break off the engagement. You can not change to a different type of visa while in the United States. Also, you can not get a green card through marriage to someone else other than the sponsoring fiancé.

How is a fiancé visa different from a marriage green card?

The difference between a fiancé visa and a marriage green card is that the fiancé visa is a non-immigrant visa that allows you to apply for a green card in the United States after the marriage took place. In contrast, if a married couple applies for an immigrant visa, the foreign spouse is admitted to the United Sates as a permanent resident and receives the green card in the mail shortly after crossing the border.

The fiancé visa requires the couple to marry within 90 days in the United States. Conversely, the marriage green card requires both parties to marry first. The marriage can take place outside or inside the country.

Finally, in case of a green card through marriage, the sponsoring spouse does not have to be a U.S. Citizen to sponsor the immigrant spouse. A green card holders can sponsor their spouses for a green card while only a U.S. Citizen can apply for a fiancé visa for the future spouse.

How is a fiancé visa similar to a marriage green card?

Both require evidence of a bona fide relationship and affidavit of support from the sponsoring spouse. If the foreign spouse is already in the United States, an immigrant spouse may apply to receive a green card while in the states similarly to the fiancé visa holder after marriage.

Who Is Eligible for a K1 Visa?

Have you ever had the pleasure of applying for a visa? If so, you know about the strict rules from U.S. Citizenship and Immigration Services (USCIS). Well, the fiancé(e) visa is no different.

Both you and your fiancé must meet the requirements to get a K1 visa. One key note is that same-sex partners are eligible.

The sponsor must be a U.S. citizen. Green card holders are not allowed to apply for a fiancé visa.

Generally, the sponsor or other source must sign an affidavit asserting they are the sponsor for financial support. The abroad fiancé may also demonstrate financial stability equivalent to Federal Poverty Guidelines.

You must be legally eligible and free to marry. If you are previously married, you must provide divorce papers, a death certificate, or other supporting documentation.

You must also prove the relationship is legitimate. You can accomplish that using emails, photos, testimonials, or travel tickets. With some exceptions, you must also confirm that you've met in person at least once during the last two years.

Finally, you must prove you'll marry within 90 days of entry. That requires written confirmation. You can use receipts, invites, reservations, and other items for support.

Applying for a Fiancé Visa

You'll need to complete several forms and provide supporting documents. The two primary forms for the fiancé visa include the I-129F and DS-160.

Form I-129F

This form (Petition for Alien Fiancé) provides supporting information that the relationship is valid. In addition to completing the form, you must include numerous documents:

1. Proof of U.S. citizenship by the sponsor in the form of a passport, birth certificate, etc.
2. Fiancé's passport
3. Pictures, letters, emails, flights, and other documents to prove the relationship is legitimate.
4. Documentation to prove you have met at least once within the last two years.
5. Each partner must provide a written statement confirming their relationship and intention to marry within 90 days of arrival.
6. The person coming to the country as a fiancé must complete Form I-94. This form keeps a record of travel to the United States.
7. Photos of each party.

After submitting the form and documentation, the USCIS reviews the petition. Once approved, you must complete the K1 visa application itself.

Form DS-160

Following the approval of petition form I-129F, the sponsored fiancé receives notice from the U.S. Embassy in their home country. The notice includes the date and location of their interview and a list of required documents.

The fiancé visa interview usually happens four to six weeks after notification. The officer in charge will decide on your application the same day or the day after the interview.

They must also complete the Online Nonimmigrant Visa Application or K-1. Required documents include:

• Two photos
• Birth certificate
• Valid passport
• Police clearance
• Sealer medical exam form

The U.S. sponsor must provide these documents:

• Affidavit of support (Form I-134)
• Income verification
• Most recent tax returns
• Approved I-129F copy

After the USCIS approves the fiancé visa, it forwards the approval to the National Visa Center (NVC) for processing.

Why Fiancé Visa Requests Get Denied

The process of obtaining a fiancé visa is relatively straightforward. However, certain factors could lead to the denial of the visa application. Understanding these reasons can help applicants avoid common pitfalls:

1. Insufficient Evidence: You must provide evidence demonstrating your relationship. Unfortunately, that evidence sometimes falls short. Failures could include insufficient communication documentation, limited evidence of visits, or inadequate proof of shared financial responsibilities.
2. Financial Requirements: If the sponsoring partner fails to meet the income requirements, the USCIS may deny the K-1 application.
3. Health or Security: Medical conditions that threaten public health or safety can lead to visa denials. The same is true for individuals with a history of criminal activity or security concerns.
4. Fraud: Providing false information or withholding relevant details during the visa application process can result in denial. Fraud includes misrepresenting the nature of the relationship, providing fraudulent documents, or attempting to deceive immigration officials.
5. Ineligibility: The USCIS can deny your fiancé visa if you fail to meet eligibility requirements. Examples include prior immigration violations, improperly terminated previous marriages, or other disqualifying factors.
6. Interview or Documentation: You must adhere to all instructions. Missing scheduled interviews or failing to provide requested documentation promptly can result in the fiancé visa application being denied.

Understanding IMBRA and Its Impact

The International Marriage Broker Regulation Act (IMBRA) protects individuals from potential exploitation through international marriage brokers (IMBs). It imposes requirements on you and your fiancé, such as disclosing criminal history and limitations on petitioning multiple fiancés. Understanding IMBRA's provisions is crucial for a smooth fiancé visa application process.

For example, IMBRA mandates petitioners sponsoring petitions to disclose pertinent information to USCIS. That can include a history of certain violent crimes, including domestic violence, sexual assault, child abuse, and stalking. Additionally, IMBRA requires IMBs to provide foreign nationals with information about their U.S. petitioner's marital history and any protection orders issued against them.

IMBRA also prohibits U.S. citizens from petitioning for more than two K-1 visas within two years unless a waiver is obtained. This provision prevents individuals from using the fiancé visa process to engage in fraudulent or exploitative relationships.

Additionally, IMBRA provides specific protections for foreign fiancées. Those protections include the right to withdraw from the relationship without penalty. They also include the right to information about resources for victims of domestic violence and other forms of abuse.

Common Questions About the K-1 Visa

Can I work with a fiancé visa?

Yes. However, you must apply for work authorization by completing Form I-765.

How often are K-1 visas denied?

The USCIS denies approximately 20% of applicants. For example, in 2022, of 48,118 applicants, the USCIS denied 9,492.

How do I apply for a green card after entering the U.S. with a K-1 visa?

You must complete Form I-485.

What is the difference between a K-1 and a K-3 visa?

If you are the fiancé of a U.S. citizen, you can apply for a K-1 visa. If you are the spouse of a U.S. citizen, historically, you could apply for a K-3 visa.

Need Help with a Fiancé Visa?

The visa application process is strict. And the K-1 is no different. The USCIS can deny your application for commissions and other mistakes.

Our immigration attorneys can help avoid those errors to expedite the process and increase your chances of acceptance. We have law offices in Doylestown, Norristown, and Wayne, PA.

Renata T. Pabisz concentrates her practice on estate planning, probate, and estate administration and rounds out her legal services practicing immigration and elder law. Renata has developed unique relationships with her immigration clients who return for additional services or refer family members or friends throughout the years.