Reality shows depict the process of obtaining a fiancé visa in a very narrow and entertaining light. While the process can go smoothly and without issue, the reality is that many of those seeking to bring a foreign fiancé to the United States to marry encounter issues or delays along the way.
Fiancé visa process
To apply for a fiancé visa, you must be eligible to bring your foreign fiancé to the United States. Four requirements are considered when establishing eligibility.
- First, you must be a U.S. citizen.
- Next, you and your fiancé must intend to marry within 90 days of your fiancé’s arrival to the U.S. on their K-1 visa.
- Third, both you and your fiancé must be legally free to marry.
- Finally, an in-person meeting of you and your fiancé must have occurred at least once in the 2 years prior to filing a petition for a K-1 visa unless a waiver citing extreme hardship or violation of customs is provided.
If you are eligible, the first step is to file Form I-129F, Petition for Alien Fiancé. Once approved, it will be sent to the DOS National Visa Center or NVC. The NVC will forward the approved Form I-129F to the U.S. Embassy or consulate of the country where your fiancé lives.
Your fiancé then applies for the K-1 nonimmigrant visa. If the DOS consular officer grants the K-1 visa, it will be valid for up to 6 months for a single entry into the U.S. Once a finance is admitted into the U.S. on a K-1 visa, they have 90 days to marry.
Work authorization
Although 90 days is not a long period of time, it can feel like a long time to not work for the foreign fiancé. Thus, some seek to go through the process of obtaining a work permit after entering the U.S. on their fiancé visa.
After admittance to the U.S., there is no waiting period to apply for work authorization. Your fiancé can file Form I-765, Application for Employment Authorization. If approved, your fiancé’s work authorization is only valid during the 90-day period the couple has to marry.
If immediacy is not necessary, it is possible to apply for work authorization at the same time your fiancé applies for their green card. Form I-765 can be filed with Form I-485. In this situation, work authorization is valid for one year with the ability to extend in one-year increments.
Immigration laws and processes can be confusing, as most do not encounter them until their situation requires them. Although the K-1 visa is frequently applied for, this does not mean it is predictable. And when issues arise, it can be beneficial to reach out to a legal professional.
