Expert Fiancee Visa Preparation Support

K-1 or Fiancee Visas

Australian Fiancee Visas to USA


Australian Fiancee Visas Expert advice and help to bring your Australian fiancee or spouse to the USA.

K-1 Fiancé(e) Visa

Who is eligible?

A fiancé(e) of a United States citizen who will travel to the United States to marry and take up indefinite residence after marriage may be eligible for a fiancé(e) visa. To qualify for a fiancé(e) visa, the following criteria must be met:

  • one party is a U.S. Citizen;
  • both parties are legally free to marry;
  • the parties have met in person at least once in the two years prior to filing the petition absent a waiver of the requirement; and
  • the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.

How do I apply?

The first step in applying for a fiancé(e) visa is for the U.S. Citizen fiancé(e) (the petitioner) to file a petition onForm I-129F with the United States Citizenship and Immigration Services (USCIS) having jurisdiction over his/her place of residence in the United States. Note: The petition can only be filed with the USCIS in the United States; it cannot be filed or adjudicated abroad at a U.S. Consulate in Australia.

What happens to the approved petition?

USCIS will send the approved petition to the National Visa Center (NVC) in New Hampshire for additional processing before being forwarded to the Embassy or Consulate having jurisdiction over the fiancé(e) visa applicant's place of residence.

How long will the application take to process?

The period of time it will take to process the application will vary with each individual's circumstances. USCIS processing times are available on the USCIS website. A further three to six months should be allowed for the processing of the visa application once it is received by the Embassy or Consulate.

Once the petition is approved and received in Sydney

Once the U.S. Consulate General in Sydney has received an approved I-129F petition entitling the beneficiary to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry a U.S. citizen, the beneficiary will be notified by email (known as 'Packet 3'). The beneficiary will receive these instructions to prepare for the interview appointment with a consular officer.

Upon arrival in the United States

Fiancé(e) status automatically expires 90 days after arrival in the United States. It cannot be extended. The fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits. If the fiancé departs the United States without having married, they cannot be readmitted on the fiancé visa and the petitioner will have to file another petition and start the process again.

After the marriage takes place, the beneficiary must file form I-485 with USCIS to adjust status to a conditional permanent resident. The beneficiary is not permitted to depart the United States or engage in employment until permanent residency has been granted, absent permission from USCIS.  If the beneficiary seeks to travel abroad or engage in employment after admission, the fiancé(e) should refer to the USCIS website for more information.




I help you to successfully apply for a Fiancee Visa

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Contact the USCIS office that received your application, and be prepared to provide specific information

If your petition for a fiancee visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, see Appealing the Denial of My Petition or Application.

Expert Tip # 2

Don’t try to get a waiver to avoid the requirement to meet your Fiancee in person. Unless it is incontrovertible that you are not physically able to meet her, attempting to avoid the meeting reflects poorly on whether the relationship is truly sincere. The Fiancee Visa eligibility rules require that you have met your Fiancee in person within the two years prior to your filing your application. The regulations provide a loophole allowing a waiver to the physical meeting. This waiver has been written to allow couples with special circumstances to skip the meeting, specifically if the meeting will cause “unusual hardship” or violates strict cultural or religious practices. If your religion arranges marriages and the bride and the groom are not allowed to see each other till the wedding day, or if you are in an iron lung, then by all means apply for the waiver. However, hating to fly or not wanting to pay for a plane ticket or having a busy work schedule will not result in the waiver being granted. Remember, USCIS needs to be convinced of the seriousness and sincerity of your relationship in order to approve the visa application. One expects a sincere suitor eagerly anticipating spending his future life together with his Fiancee to not miss any opportunity to meet and be with her as early and as often as possible.

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