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Fiance Visa USA “My Fiance is from another country…how can I bring them to the U.S.?

Luckily for US Citizens there is a Fiance visa which will solves that problem.

Once the K-1 Visa (Fiance visa) is issued your Fiance will be able to enter the U.S. and will have 90 days to get married.

“Can my Fiance enter on a tourist visa and then apply for the Green Card (adjust status)?

The U.S. considers that to be a “fraudulent entry”.

You may hear/read that “everyone does it” but not everyone gets away with it.

If the entry is deemed fraudulent, then your Fiance will not only be denied the green card, but it will bar them from ever being allowed to adjust their status.

You should choose a course of conduct, however inconvenient, that will be honest, truthful and without reproach to allow you and your partner the best chance of achieving your immigration goal.

Remember, not even love can conquer a fraudulent entry.

Fiance Visa Timeline The K-1 Visa processing timeline varies greatly from case to case.

Aside from that, the processing was also severely impacted by the prior Trump Administrations immigration restriction and now by the pandemic.

The best-case scenario is that the processing can take between 6 to 9 months and that is assuming that USCIS does not issue a request for evidence, or your Fiance is not from a country that USCIS considers high-fraud (Nigeria, India, Ghana, Morocco, Yemen, Kenya, Pakistan, Philippines, China and Mexico) or have any criminal antecedents.

To ensure that your case is processed in a timely manner you should file a strong case with a lot of evidence proving your relationship is bona fide and explaining any prior immigrant visa petitions filed by the US Citizen.

Fiance Visa Requirements The requirements for the Fiance visa are the following:

1. The sponsoring partner must be a U.S. Citizen. 2. Both parties must be unmarried and eligible to get married in the US. 3. The parties must have met, in person, face-to-face within the 2 years prior to filing the case. This requirement is strictly enforced by USCIS so make sure you have concrete proof. There are 2 exceptions (waivers) to this rule – a) Meeting the Fiance in person would violate strict and long-establish cultural customs or social practice. This exception would apply if the culture/religion prohibits ANY type of face-to-face meeting, even if there is a chaperone. The second exception is b) Extreme Hardship to travel. This comes down to an impossibility to travel, for example a medical condition. It is exceedingly difficult

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to get the waiver, so you need to make sure that you have a valid reason with lots of documents proving the custom or hardship.

Fiance Visa Form There are 3 forms which you will be required to submit for a Fiance visa:

1. The I-129F form is filed with USCIS to request the Fiance visa. Once that is approved, the case goes to the appropriate consulate.

2. The foreign Fiance must complete the State Department’s online DS-160.

3. The U.S. Citizen must submit a completed I-134 (Affidavit of Support).

Fiance Visa Cost The current costs of obtaining a Fiance visa are as follows:

1. $535.00 for the I-129F.

2. $265.00 Visa Fee per applicant which is paid after filing the DS-160. So, if your Fiance has a child who is coming to the US, then you must pay $265 for the child as well.

3. Medical Exam with a consulate doctor – depends on the country – but it can range from $50 - $300.

4. Miscellaneous – translation services, photocopying, obtaining documents (e.g. passports, birth certificates, police clearance certificates, etc.); boarding (if the consulate is far from Fiance’s home) and finally travel expenses to the US consulate and eventually to the U.S.

Fiance Visa Interview Questions The consular interview is the MOST important step in obtaining the Fiance visa.

This is where the foreign Fiance must convince the consulate officer that the relationship with the US Citizen is bona fide.

If they are unable to do this, the case will either be put under Administrative Processing (further investigation) or the visa will be denied.

Remember, the officers are trained to sniff out visa frauds and will use their training to determine if your case is real or fake.

If you are nervous, the officer might mistake this as a sign that you are hiding something.

Being confident and secure in your relationship will help tremendously.

Each interview will be different and depending on the officer can include any number of questions.

The more you know about your sponsoring partner, their lives, and your relationship, the easier the interview will be.

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The officer will be asking very personal questions and delving deep into your relationship. The foreign Fiance needs to be prepared to answer intimate questions honestly and completely.

1. Biographical Information: a. Name – current and any other names/aliases used. b. Birth Information – date, location c. Physical Characteristics – hair color, eye color, weight, height etc. d. Family – parents, siblings, children, best friends, e. Marital – prior spouses, details about the ending of prior marriages. f. Language Differences – if you do not speak the same language, explain how you

communicate g. Religious Background

2. Relationship – how did you meet, how long were you dating, how often did you see each other in person, dating activities, engagement, and your feelings for each other.

3. Marriage Plans – when and where, why are you choosing to get married in the US, will the foreign Fiance’s family be able to attend and if not, then why, honeymoon plans

4. Meeting each other’s family – whether in person or through video calls, details on how and when you met the family – if you have not met any family members, explain why.

5. Education Information – school attendance, graduation, degrees, subject studied, etc. 6. Home/Residence – current address, type of housing (apartment/home); information about the

city where they live – rural, suburbs, etc. 7. Employment – name and address of current employer, how long they have been working there,

job title and duties, name of supervisor or co-workers. 8. If the US sponsor has any criminal history – foreign Fiance must know about these incidents and

be able to answer questions regarding them – date and location, what were the charges and the outcome.

9. Prior cases filed on behalf of the foreign Fiance – date case was filed and outcome, explain what happened in the relationship.

10. Miscellaneous – pets, hobbies, favorite things 11. Do you know everything that you have to do once the K-1 visa is approved?

Fiance Visa vs Spouse Visa Which visa should I apply for – the Fiance visa or the spouse visa?

1. The processing times are about equal for a Fiance visa and spouse visa – approximately 6 – 9 months for the K-1 and 7 – 10 months for the spouse visa.

2. The fees are higher for the K-1 visa process. Not including the miscellaneous fees for photocopying and obtaining documents it can cost $2325 or more for the K-1 Visa and Green Card. Whereas for the spouse visa the total fees are approximately $1200 – not including any miscellaneous fees.

3. If you file the K-1 you MUST get married in the US. Whereas with the spouse visa you can get married anywhere in the world.

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4. If you file for the K-1 visa, you will still have to apply for the Green Card after your marriage. Currently that processing can take 9 – 14 months.

5. If you file for the spouse visa, your foreign spouse will get the Green Card mailed to the US address approximately 1-3 months after US entry on the spouse visa.

Ultimately, the decision boils down to where you want to get married and your financial means.