FIANCEE VISA
Background
In almost every case, the best visa for a U.S. citizen considering marriage to a foreigner is the "K-1" Fiancee Visa. The K-1 Visa allows you to invite your fiancee to America for a period of 90 days, during which time your fiancee must either marry you or return to her home country. No extensions of the time period are permitted. You and your fiancee are not required to marry if things don't work out according to your expectations. If you do not marry your fiancee, you will not be precluded from making a future Fiancee Visa application (although a second fiancee petition will be a more challenging proposition). Your fiancee similarly will not be precluded from receiving another visa in the future.
Visa Status
A Fiancee Visa is a temporary visa, but one that can be readily converted to a permanent visa once the marriage occurs in the U.S. The Fiancee Visa petition process involves little or no contact with the foreign government. Most foreign governments, including all countries of the former Soviet Union, permit their citizens to exit freely on temporary Visas.
Criteria for Approval
In order to qualify for a Fiancee Visa, you must meet the following main requirements:
You are a U.S. citizen
You have met your fiancee within the previous two years
You and your fiancee are legally free to marry
You and your fiancee both have a serious intention to marry within 90 days of your fiancee's arrival in America.
U.S. Citizenship and Immigration Services (USCIS) Phase
To begin the Fiancee Visa process, you must first submit an application to the USCIS. Your fiancee and you will need to fill numerous forms and documents with the USCIS in order to prove that both of you qualify for the K-1 Fiancee Visa. The USCIS will approve a correcly prepared Petition in two to six months time. About 60% of the Fiancee Visa Petitions are sent back to the petitioner due to mistakes or deficiencies in the forms of supporting documents. Typically, a month or more of time is lost due to such errors.
U.S. Embassy Phase
Once approval has been received, your fiancee and you must send a minimum of six additional forms to the U.S. Embassy having jurisdiction over the fiancee's petition (Kiev for Ukrainians). Once the documents have been received by the Embassy, and the State Department's background check on the fiancee has been concluded, the fiancee will be instructed to undergo a medical examination at a designated local clinic, and to appear at the U.S. Embassy for presentation of forms and supporting documents and to undergo an interview with an Embassy Consular Official. If the paperwork is all correct, and there are no problems with the interview, the visa will be issued on the very day of the interview. The fiancee is then free to travel immediately and directly to the United States.