If you’ve tied the knot with a US citizen or have plans to do so you need to be aware of the ways it can work to your advantage immigration-wise.
Let’s dispel any assumptions: marriage to an American doesn’t grant an automatic ticket to US immigration rights. It is the first step of a multi-step process and requires a fiancé visa.
K1 fiancé visa guide
What is a US fiancé Visa?
The US fiancé visa, officially known as the K-1 visa, is a nonimmigrant visa that allows the fiancé of a US citizen to enter the United States for up to 90 days to get married. If you are a US citizen who wants to bring your foreign fiancé(e) to the United States to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e).
How the fiancé visa works
You and your fiancé must intend to marry each other within 90 days of your fiancé entering the US as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. To establish this an immigration officer will conduct an exhaustive background test. If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, they may apply for lawful permanent resident status in the United States (a Green Card).
Steps to applying for a fiancé visa
Be prepared for a long journey with lots of paperwork and legal hoops to jump through. For those who are not organized or mindful in filling out forms or assembling documents consider consulting a lawyer. This advice does not replace the assistance of a trained lawyer by any means.
1. Filing form I-129F (Petition for alien fiancé)
The first step in the K-1 visa process is for the US citizen to file a Form I-129F, Petition for Alien Fiancé(e), with US Citizenship and Immigration Services (USCIS)2. This form is used to establish that there is a valid relationship between the US citizen and their foreign fiancé(e) and that they intend to get married within 90 days of the fiancé(e) entering the United States as a K-1 nonimmigrant. You will need to pay the relevant fees upon filing.
2. USCIS will review your case
After Form I-129F is filed, USCIS will review it and may request additional documentation or deny the application. If the petition is approved, it will be sent to the National Visa Center (NVC) for processing.
3. NVC processing
The NVC will process the approved petition and forward it to the US embassy or consulate in the fiancé(e)’s country. The fiancé(e) will then be notified to apply for a K-1 visa.
4. Visa interview
The fiancé(e) must attend a visa interview at the US embassy or consulate in their country. During this interview, they will need to provide documents such as proof of their relationship with the US citizen, police records, previous marriages (if applicable) and proof of a medical examination. If the consular officer finds that the applicant is eligible for a K-1 visa, they will issue it. Please be aware that admitted drug use may result in an additional one year ban. Requiring mandatory one year random drug screenings. But do not lie, as that may result in a permanent ban. Honesty is the best policy with immigration interviews.
5. Entering the United States on a K1 Visa
Once the K-1 visa is issued, the fiancé(e) has up to 6 months to enter the United States. Upon arrival, they must marry their US citizen fiancé(e) within 90 days or leave the country.
6. Adjustment of status
After getting married, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident (green card holder).
It’s an exhaustive process and according to the USCIS, the average wait time is around 14.5 months. Immigration is a hot-button topic in the States that divides opinions across party lines. Additionally, the US has had a persistent issue with ‘mail-order brides (or husbands).’ This refers to a person who lists themselves in catalogs or websites for marriage in hopes of securing a visa for a better life. It’s a long wait, but the upside is life-changing and can change the trajectory of entire families.
