How to Make a Successful 90 Day Fiance Visa Application in 2023

The 90-day fiance visa (also known as a K-1 visa), is a type of non-immigrant visa issued by the United States Citizenship and Immigration Services (USCIS) that allows a foreign national to enter the United States for 90 days in order to marry their U.S. citizen fiancé(e).

This type of visa is designed for individuals who have a bona fide intention to get married within 90 days of entering the United States and allows the couple to marry in the U.S. before the foreign national must leave the country.

Process for obtaining a 90 day fiance visa

• Fiancé(e) Petition: The U.S. citizen must file a petition on behalf of their foreign national fiancé(e) with the USCIS. The petition must include proof of the couple’s relationship.
• USCIS Review: Once the petition has been filed the USCIS will review it to ensure that the couple’s relationship is bona fide and that the U.S. citizen has met the eligibility requirements for petitioning for a fiancé(e) visa.
• Interview: If the USCIS approves the petition, the foreign national fiancé(e) must attend an interview at a U.S. consulate or embassy in their home country. During the interview the consular officer will assess the validity of the couple’s relationship and determine if the foreign national is eligible for a 90-day fiancé visa.
• Visa Issuance: If the foreign national is found to be eligible for a 90-day fiancé visa, the U.S. consulate or embassy will issue the visa and the foreign national can then travel to the United States.
• Marriage: Once the foreign national arrives in the United States, the couple must get married within 90 days. If the couple does not get married within 90 days, the foreign national must leave the country.
• Adjustment of Status: After the marriage, the foreign national may apply for adjustment of status to become a lawful permanent resident of the United States. This process involves filing additional forms and undergoing a biometric appointment, among other requirements.

The 90 day fiance visa is a one-time use visa. This means that if the foreign national leaves the United States, they will not be able to return using the same visa. Additionally, the U.S. citizen must be able to financially support their fiancé(e) during their time in the United States because the foreign national is not permitted to work while in the country on a 90 day fiance visa.

Reasons the 90 day fiance visa is rejected

The most common reasons for rejection of the K-1 Visa are:

• Inadequate documentation: If the USCIS determines that the documentation submitted with the petition is insufficient to prove the legitimacy of the relationship the petition may be denied.
• Lack of proof of a bona fide relationship: USCIS will closely scrutinize the couple’s relationship to determine if it is a bona fide relationship. If there is not enough evidence to support the claim that the relationship is genuine then the petition can be denied.
• Prior immigration violations: If either the U.S. citizen petitioner or the foreign national fiancé(e) have a history of immigration violation the petition may be denied.
• Health issues: If either the U.S. citizen petitioner or the foreign national fiancé(e) have a health condition that poses a public health risk the petition could be denied.
• Criminal history: If either the U.S. citizen petitioner or the foreign national fiancé(e) have a criminal history the petition may be denied.
• Financial support: If the U.S. citizen petitioner is unable to demonstrate that they have the financial means to support their fiancé(e) during their stay in the United States the petition may be denied.
• Fraud: If the USCIS determines that the relationship is a sham and was entered into for the purpose of obtaining immigration benefits the 90 day fiance visa will likely be denied.

It’s important to note that a denial of a 90 day fiancé visa petition is not the end of the process and may be appealed. If the USCIS denies the petition then the U.S. citizen petitioner and foreign national fiancé(e) should seek to review the denial and determine the next steps.

How can immigration tell if the relationship is bona fide for a 90 day Fiance visa?

The U.S. Citizenship and Immigration Service determines if a relationship is bona fide by closely scrutinizing the evidence submitted with the petition. Here are the factors that the USCIS use in making this determination:

• Proof of regular communication: USCIS look for evidence of regular communication between the couple.
• Joint financial obligations: USCIS look for evidence of joint financial obligations such as shared bank accounts.
• Proof of in-person visits: The USCIS look for evidence of in-person visits to confirm that the couple has spent time together in the past.
• Proof of plans for the future: USCIS look for evidence of the couple’s plans for the future, such as wedding plans and their intent to live together as a married couple in the United States.
• Proof of social and cultural integration: USCIS look for evidence of the couple’s integration into each other’s social and cultural communities.
• Statements from third parties: They request statements from friends & family members to support the claim that the relationship is genuine.
• Interviews with the couple: USCIS conduct in-person interviews with the couple to gather additional information about the relationship.

Penalties for coming on a 90 day fiance visa but not getting married

The penalties for entering the United States on a 90-day fiancé visa (K-1 visa) and not getting married can be significant. If the foreign national fiancé(e) does not marry the U.S. citizen petitioner within the 90-day period and does not depart the United States, they will be subject to removal proceedings and barred from returning to the United States for a certain period of time.

If the foreign national fiancé(e) is found to have committed visa fraud e.g. entering into a sham relationship for the purpose of obtaining immigration benefits then they may face criminal charges and a permanent bar from entering the United States.

The U.S. government takes marriage fraud very seriously and individuals who engage in this type of activity may face severe consequences. Penalties include fines, imprisonment, lengthy immigration bans and deportation. If you are a foreign national fiancé(e) who has entered the United States on a K-1 visa and have questions about your status or options then take a Free Visa Assessment.

Costs and processing times of the 90 day fiance visa

The cost and processing time of a 90-day fiancé visa vary depending the location of the U.S. embassy or consulate processing the application and the workload of the agency. Here is an overview of the expected costs and processing times:

Costs

• Fiancé(e) visa application fee: $535
• Medical examination fee: Varies by location and can range from $100 to $300 or more.

Processing Times

• Processing time for the fiancé(e) visa application: It can take 2-7 months for the U.S. embassy or consulate to process a K-1 visa application.
• Time to receive the visa after approval: Once the U.S. embassy or consulate approves the K-1 visa application the fiancé(e) typically has to wait 3-6 weeks to receive the visa.

How to convert a 90 day fiance visa after you get married

If you have come to the United States on a 90 day fiancé(e) visa (K-1 visa) and you have married your U.S. citizen fiancé(e) you need to take the following steps to adjust your immigration status and obtain a green card:

• File Form I-485, Application to Register Permanent Residence or Adjust Status: Within the 90 day period following your arrival in the United States you and your U.S. citizen spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
• Submit supporting documentation: With your Form I-485 you must submit supporting documentation including proof of your marriage.
• Attend an interview: After USCIS receives your Form I-485 and supporting documentation you are required to attend an interview with USCIS to provide additional information about your relationship and to confirm that your marriage is bona fide.
• Wait for a decision: After the interview USCIS will make a decision on your Form I-485. If your application is approved you will receive a green card.

How to fill out Form i-485

Steps you need to follow to fill out Form I-485

• Gather information: Gather all of the information you will need to complete the form including your personal information and your U.S. citizen spouse’s personal information.
• Download the form: Download the latest version of Form I-485 here.
• Complete Part 1: Provide your personal information.
• Part 2: Provide information about your U.S. citizen spouse.
• Complete Part 3: Answer questions about your eligibility for permanent residency.
• Part 4: Answer questions about your current immigration status and the basis for your adjustment of status.
• Sign the form: Sign and date it in the presence of a Notary Public.
• Submit the form

How long do I have after getting married to file form i-485 and adjust my status

After getting married to a U.S. citizen you have 90 days to file Form I-485 to adjust your immigration status. You must file the form within 90 days of your arrival in the United States on a 90-day fiancé(e) visa (K-1 visa). It’s recommended to file Form I-485 as soon as possible within the 90-day period to ensure that you are able to take advantage of the full 90-day period.

If you do not file Form I-485 within the 90-day period you may be considered out of status and may be subject to removal proceedings. Also, if you leave the United States before you have adjusted your status you may be barred from returning. It’s important to take the necessary steps to file Form I-485 and adjust your status as soon as possible after getting married to ensure that you are able to maintain your immigration status and remain in the United States.

Cost and time-frame of adjusting immigration status after getting married

As of 2023, the filing fee for Form I-485 is $1,225 which includes a $1,140 base fee and a $85 biometric services fee.  The USCIS processing time for Form I-485 is between 4 and 13 months.

If I come on a 90 day fiance visa and am the victim of domestic violence am i trapped with the abuser?

No, if you are the victim of domestic violence while in the United States on a 90 day fiancé visa you are not trapped with your abuser. The U.S. government recognizes that domestic violence is a serious issue and victims of domestic violence have access to resources and support.

If you are a victim of domestic violence you may be eligible to apply for a U visa, which is a nonimmigrant visa for victims of domestic violence. A U visa allows you to remain in the United States for up to four years and may lead to permanent residency.

In addition to the U visa, you may also be eligible for a restraining order or other forms of protection from the abuse. You can contact the National Domestic Violence Hotline at 1-800-799-7233 for information on how to get help and protect yourself from further abuse. It’s important to seek help as soon as possible if you are a victim of domestic violence. You have the right to a safe and secure environment and there are resources available to help you.

How to apply for the U visa as a victim of domestic violence when in the U.S. on a 90 day fiance visa

Steps to apply for a U visa in the United States

• Obtain certification from a law enforcement agency: To be eligible for a U visa you must first obtain certification from a law enforcement agency that confirms that you were a victim domestic violence.
• Complete Form I-918, Petition for U Nonimmigrant Status: After obtaining certification from a law enforcement agency you must complete Form I-918. The form must be filed with the U.S. Citizenship and Immigration Services (USCIS).
• Submit biometric information: After filing your Form I-918 you need to submit biometric information.
• Wait for a decision on your petition.
• Attend a biometric appointment.
• Receive your U visa: You will receive a U visa in the form of a stamp in your passport.

How to fill out form Form I-918 for a U Visa if you are the victim of domestic violence when in the United States on a 90 day fiance visa

Form I-918 is used by victims of domestic violence who have suffered substantial mental or physical abuse.

Steps to fill out Form I-918

• Start the Form I-918: You can access Form I-918 here
• Provide Personal Information: On Part 1 of the form you will be asked to provide personal information.
• Describe the Qualifying Criminal Activity: On Part 2 of the form you will be asked to provide detailed information about the qualifying criminal activity that you were a victim of and a description of the abuse you suffered.
• Attach Supporting Documentation: On Part 3 of the form, you will be asked to attach your certificate from a law enforcement agency that confirms the type of abuse you have suffered.
• Sign and Date the Form: Sign the form under penalty of perjury that the information you have provided is true and complete to the best of your knowledge.
• Submit the Form

Is the 90 day fiance TV show like real life?

The “90 Day Fiancé” TV show is a reality show that follows the lives of couples who are in a romantic relationship and are navigating the K-1 visa process. While the show provides a glimpse into the experiences of some couples who have used the K-1 visa, it’s important to keep in mind that it is a reality show and may not accurately reflect the experiences of all individuals who use the K-1 visa or who are in relationships with foreign nationals.

The show is known for its dramatic portrayal of relationships and the challenges that the couples face during the K-1 visa process. It’s important to keep in mind that the situations and experiences depicted on the show are often highly edited and may not accurately reflect the reality of the K-1 visa process or the experiences of all individuals who use the K-1 visa.

In addition, the show often focuses on dramatic or controversial aspects of the relationships which may not be representative of the experiences of all couples who use the K-1 visa. Therefore, while the “90 Day Fiancé” TV show may provide some insight into the K-1 visa process and the experiences of some couples, it is not an accurate reflection of the experiences of all individuals who use the K-1 visa or who are in relationships with foreign nationals.

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