Can I Get a Fiancé Visa?

Love is in the air and across the globe. If you are a U.S. citizen or the fiancé of a U.S. citizen, you are probably starting to investigate your U.S. immigration options. You could choose to get married outside of the U.S. and then, after the wedding, the U.S. citizen spouse could sponsor the foreign spouse for a green card. There is also the option of obtaining a K-1 visa. The K-1 visa is commonly referred to as the “Fiancé visa” as it allows the fiancé of a U.S. citizen to come to the U.S. for the purpose of getting married. After the marriage, there is the option of applying for a green card through the “adjustment of status” process. The foreign spouse would not need to leave the U.S. for the requisite green card interview.

The K-1 Visa

U.S. Citizenship and Immigration Services (USCIS), a branch of the U.S. Department of Homeland Security, is tasked with issuing K-1 visas, commonly referred to as the fiancé visa. Being the foreign fiancé of a U.S. citizen is not the only requirement that needs to be met in order to qualify for a fiancé visa. To be eligible for the K-1 visa:

  • The couple must have seen each other in person within two years prior to applying for the visa (this may be waived for religious purposes or cases of extreme hardship for the U.S. citizen fiancé);
  • The foreign fiancé who is applying for the visa must marry the U.S. citizen fiancé within 90 days of entering the U.S.;
  • Both the foreign and the U.S. fiancé must be single;
  • Both the foreign and the U.S. fiancé must be eligible for marriage pursuant to U.S. law;
  • If either fiancé was previously married, proof of divorce or death for any previous spouse must be provided (divorce decree or death certificate); and
  • The sponsoring partner must be a U.S. citizen (U.S. green card holders are not permitted to apply for fiancé visas).

In addition to the above requirements, you and your fiancé must be prepared to provide supporting evidence that you are in a “bona fide” relationship. This may include pictures or correspondence. It may also involve witness testimony from those who know both parties as a couple. It is also a good idea to have set wedding plans in the U.S. to show that you are both committed to getting married within 90 days of the foreign fiancé’s arrival in the country. Proof of concrete wedding plans could include invitations or wedding vendor receipts.

Fiancé Visa Immigration Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at