Following are the steps necessary to apply for a fiancé(e) visa:

Step 1: Your Sponsorship Application

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

Petition for Alien Fiancé(e) – Form I-129F)

  1. Assemble the following documents:
    • Form I-129F (K-1 visa application form)
    • Copy of your birth certificate, certificate of naturalization or passport to prove your citizenship.
    • Copy of your fiancé(e)’s passport
    • Proof that your relationship is legitimate (not a sham entered into for immigration purposes)
    • Proof that you have met each other in person at least once during the past two years.
    • A sworn statement describing your relationship and affirming that you intend to marry within 90 days of arriving in the US. Both partners must sign this statement.
    • A copy of any Form I-94 that was issued to your fiancé(e), if your fiancé(e) has ever entered the US before.
    • A passport-style photo of each of you.
  2. Sign Form I-129F and submit it to the appropriate USCIS office based on your residence, along with a $535 filing fee.
  3. Wait for the USCIS to send you a receipt notice (within a month of the submission date).
  4. Respond to any Request for Evidence that the USCIS might send you.
  5. The USCIS will send an Approval Notice in about 7 months (processing times may vary).

Step 2: Applying for a Nonimmigrant Visa

K-1 Non-immigrant Visa

K-1 Non-immigrant Visa

  1. Your fiancé(e) will receive a letter from the nearest US embassy or consulate in his or her home country, scheduling a visa interview four to six weeks later and listing the documents your spouse must bring to the interview.
  2. Your spouse must complete Form DS-160 (K-1 visa form), submit it online and print the confirmation page.
  3. Your fiancé(e) must obtain police clearance certificates for every jurisdiction he or she has lived for more than six months since age 16 to prove that he or she has never been in trouble with the law.
  4. Your spouse must complete a medical examination with a doctor approved by the US State Department. The cost should be around $200, and the doctor will issue the results to your fiancé(e) in a sealed envelope.
  5. You must complete Form I-134, Affidavit of Support, sign it, and provide it to your fiancé(e). Keep a copy for yourself.
  6. Provide your fiancé(e) with a copy of the I-129F filing package and a copy of your most recent tax returns.
  7. Your spouse must (i) go to the US embassy or consulate where the visa interview will be held, (ii) pay the filing fee of $265 (payment timing and method might vary by country, however). (iii) bring his or her passport, birth certificate, two passport-style photos, police clearance certificates, and medical exam results and (iv) attend the interview.
  8. The officer will probably make a decision on your fiancé(e)’s application right after the interview. If that happens, your fiancé(e) might receive a nonimmigrant visa immediately. In some cases, a decision is delayed, and the officer might require you to submit additional documentation to the embassy or consulate.
  9. Once your fiancé(e)’s nonimmigrant visa is issued, he or she will have four months from the I-129F approval date to enter the US.
  10. After arrival in the US, your fiancé(e) will have 90 days to marry you and submit an adjustment of status application. If this does not happen, your fiancé(e) must leave the US at the end of 90 days. A fiancé(e) visa cannot be extended, it cannot be transformed into any other type of visa, and your spouse cannot use it to marry anyone but you.
  11. Don’t wait until the end of the 90-day period is approaching to marry. Marry early enough to allow your fiancé(e) to apply for permanent residence, and for the USCIS to issue a receipt notice before the 90 days expire.  

Be meticulous. A mistake on any of these steps could result in significant delays or even the outright rejection of your petition.

At Herman Legal Group, Your Future Matters Most
Call now to request a consultation

24/7 Evening and Weekends for Virtual and In person.