1. Who is a ‘Fiancé(e)’?
A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible under the laws of the state in the U.S. where the marriage will take place.
2. How Does a Fiancé(e) Visa Work?
A U.S. citizen who wants a foreign national fiancé(e) to travel to the United States to marry him or her in the U.S. and live in the U.S. must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS.
NOTE: This petition cannot be filed at an embassy, consulate or U.S. immigration office abroad.
After USCIS approves the petition, it sends the petition to the National Visa Center (NVC) for processing. The NVC will forward the approved petition to the embassy or consulate where foreign national fiancé(e) resides so her or she can apply for a K-1 visa.
3. Should the U.S. Citizen Petitioner Use the Affidavit of Support Form I-864 or Form I-134?
Since the K-1 is a nonimmigrant visa, the U.S. citizen petitioning for his or her foreign national fiancé(e) should use the Form I-134.
NOTE: The Form I-864 will be required when the foreign national fiancé(e) applies for adjustment of status to conditional permanent resident in the United States after marriage to the petitioning U.S. citizen.
4. Do the Same Income Requirements Apply to all Immigrant Visa Applicants Even if They Use the I-134?
No. Applicants using the Form I-134 only need to show that their sponsor’s income is 100% of federal poverty guidelines. The 125% minimum income requirement, the most recent year’s tax return and other requirements only apply when a Form I-864 is required.
5. How Much Does it Cost for a K-1 Visa?
Costs vary from country to country and case to case. But in general, fees are charged for the following services:
- Filing an Alien Fiancé(e) Petition, Form I-129F
- Nonimmigrant visa application processing fee
- Medical examination (costs vary from post to post)
- Fingerprinting fees, if required
- Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview