DS 160 Fiance Visa

Eligibility

Fiancé visas are only available for the foreign fiancé of a United States citizen.

Eligibility for a K-1 fiancé visa depends on the U.S. citizen’s ability to prove:

• U.S. citizenship;
• Bona fide intention to marry foreign fiancé within ninety days of fiancé’s entry;
• No legal impediments to marriage; and
• That an in-person meeting occurred between the U.S. citizen and the foreign fiancé within two years of filing the fiancé visa petition.

United States citizens who have been convicted of a specified offense against a minor are prohibited from petitioning for a fiancé unless the Department of Homeland Security determines that the United States citizen does not pose a risk to their foreign fiancé.

Required Documents

Fiancé visa petitions are required to include evidence of: 

1. Petitioner’s U.S. citizenship;
2. Couples’ intent to marry within ninety days of foreign fiancé’s admission into the United States as a K-1 nonimmigrant;
3. Couples’ in-person meeting within two years of filing Form I-129F;
4. Legal termination of any previous marriages (if applicable);
5. Legal name change (if applicable);
6. An International Marriage Broker Regulation Act (“IMBRA”) waiver (if applicable); and
7. U.S. citizen’s criminal record (if applicable).

Fiancé visa petitions may be rejected or denied for failure to submit required evidence or supporting documents. All required evidence should be submitted with the initial petition.

Application Process

Fiancé visa petitions involve several steps: 

1. Step 1: Petition for Fiancé;
2. Step 2: Nonimmigrant Visa Application;
3. Step 3: Inspection at a Port of Entry;
4. Step 4: Marriage; and
5. Step 5: Adjustment of Status.

Costs

Fiancé visa costs generally include:

1. $535 – Form I-129F;
2. $265 – Form DS-160;
3. Reciprocity fee/visa issuance fee (if applicable)*; and
4. Medical Examination and Vaccination Record (varies).

Cost of immigration lawyers for fiancé visas varies based on a variety of circumstances. Contact immigration lawyer, Dayna Lally, for information on the cost to petition for a fiance.

Processing Time

Fiancé visas are processed at varying speeds depending on a variety of circumstances. Visit the USCIS Processing Times website for the most up-to-date information.

Validity Period

Fiancé visas are valid for up to six months for a single entry. K-1 fiancé visa status automatically expires after ninety days and cannot be extended. 

Failure to Marry Within 90 Days

If the United States citizen and foreign fiancé fail to marry within ninety days of the fiancé’s entry, the fiancé and his or her children must immediately leave the United States or risk being in violation of United States immigration law. 

K-1 fiancés who remain in the United States longer than authorized may be barred from returning and/or may be removed (deported) from the United States.

Work Authorization​

K-1 fiancés admitted to the United States may immediately apply for evidence of work authorization, i.e., Employment Authorization Document (“EAD”), by filing Form I-765, Application for Employment Authorization. 

Work authorization for a K-1 fiancé is limited to ninety days after foreign fiancé’s entry into the U.S. Thus, a K-1 EAD is rarely requested.

Family Members

Children of foreign fiancés who are under twenty-one and unmarried are eligible for admission in K-2 status. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

Children admitted to the United States on K-2 visas may apply for a green card with their parent so long as they remain unmarried.

Marriage Fraud

U.S. Immigration and Customs Enforcement (“ICE”) has an online tip form to report suspected benefit and/or marriage fraud as well as other violations.

If you would like more information on applying for a fiancé visa, contact Lally Immigration Services, LLC at (617) 870-1000. Alternatively, you may email immigration attorney, Dayna Lally, at [email protected].