Fiancee Visa FAQ’s

Fiancee Visas are actually non-immigrant visas because a Green Card is not issued until after the marriage in the US and application for Adjustment of Status in the US. In general, fiancee visas take the same amount of time as marriage cases, but require less paper work than marriage cases. However, Some consular officers find spouse cases more credible than fiancee cases.

The basic requirements for a fiancee visa are that the couple has met in person within 2 years before filing the I-129F petition, and that both are legally free to marry.

1. How long does the fiancee visa process take?

The time it takes varies at each USCIS office. We see most cases complete and visa issued within one year after CIS receives the fiancee petition from the sponsor.

2. I heard that after CIS approves my fiancee petition, it is valid for only four months. How do I extend my petition?

You are correct. The I-129F petition is valid for only four months from the date of approval from USCIS. But you don’t need to do anything. The validity of the I-129F petition is always extended by consular officers to ensure that applicants have sufficient time to complete the processing of their case.

3. What happens if the petitioner and the Applicant marry after filing a K-1 Petition? Can the K-1 be converted to a Spouse petition?

If the beneficiary and petitioner are legally married after filing the I-129F petition, the beneficiary is no longer eligible for the K-1 visa. The K-1 Petition cannot be converted into a spouse petition. The K-1 petition will be returned to USCIS. To continue the immigration process, the petitioner will then need to file a spousal petition with USCIS.

4. If a fiancee petitioner cannot meet the minimum income requirement, can he use a joint sponsor or co-sponsor?

Most of the time, joint sponsors or co-sponsors are not accepted in fiancee cases. In rare cases, an immediate family member might be acceptable as a co-sponsor if the petitioner can show that he will be earning the minimum required income within a reasonable time. It’s not reasonable or credible to expect a family member to support the couple indefinitely.

5. What happens if my visa is denied and my case is returned to USCIS?

Most of the time, the best option is for the couple to marry and change to spouse petition processing.

6. If a fiancee arrives in the US and realizes that she does not want to marry the petitioner, what are her options for remaining in the US legally?

If she does not marry the petitioner, but marries a different US citizen, she will have to return to Vietnam for the immigrant visa interview. She cannot remain in the US legally if she does not marry the original K-1 sponsor. Aliens admitted in K-1 status are not allowed to apply for an extension of status, and not allowed to change to any other nonimmigrant classification. During the 90-day period of admission, the alien must marry the US citizen petitioner, or return to Vietnam. There is no other option.

7. I am in Vietnam, waiting for my fiancee petition to be processed, but my parents want my fiancee to come to Vietnam so we can be married here. What can we do?

8. Your parents may be satisfied if you have a traditional Vietnamese wedding ceremony and wedding party, without registering the marriage with the local authorities. If your parents demand that you register your marriage in Vietnam, then the fiancee petition will become invalid and your fiancee will have to file a spouse petition for you.

9. My fiancee case was denied because I could not give the consul detailed plans for my wedding in the US. Is that reasonable?

Sometimes the consulate is doubtful about a relationship so they ask questions that are difficult or impossible to answer, and they use this as a reason for the denial. To be prepared for this, fiancee visa applicants should be able to provide basic facts regarding the planned marriage in the US, such as ceremony, celebration, location, number of guests or approximate costs. They should also have details about the planned honeymoon.

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Q.1. What happens after I am issued a fiancé(e) visa?

A.1. After you are issued a K-1 visa and enter the U.S., you and your fiancé(e) must get married within 90 days of your entry into the United States.

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Q.2. Can I travel to the U.S. for business or pleasure while my fiancé(e) visa is pending?

A.2. Getting a B2 visitor visa is very difficult for pending K-1 fiancé(e) visa applicants. When the K1 petition was filed, they already indicated that their intention is to marry in the U.S. So, the Consul may suspect that they will remain in the US and not return to Vietnam when their B2 visa expires.

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Q.3. How do I schedule my interview appointment at the Consulate?

A.3. K-1 fiancé(e) visa applicants are required to schedule their appointments and pay the visa application processing fee according to the instructions on www.ustraveldocs.com/vn. Fiancé(e) applicants should schedule their appointment only after they have received an Instruction Package from the Consulate.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru

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