Legal Definition of Fiancé(e) Visa

The fiancé(e) visa is a non-immigrant visa typically applied in the American legal system. Also known as the K-1 Visa, this type of visa allows an American citizen to bring their foreign fiancé(e) to the United States and marry them within a 90-day period. With this residency status, the engaged couple will have the opportunity to be together and marry on U.S. soil.

Once the fiancé(e) arrives in the United States, the prospective spouses must organize their wedding within the specified period. They will have 90 days to finalize preparations and begin the process of applying for permanent residence. If the marriage does not take place after the expiration of the visa’s validation period, the K-1 status automatically expires and cannot be extended. The fiancé(e) must then leave the United States.

Beneficiaries of the Fiancé(e) Visa can apply for work authorization from the United States Citizenship and Immigration Services (USCIS) upon their arrival in the United States. Their unmarried children under the age of 21 can accompany them and obtain a K-2 visa. They will have the right to study and work during their stay in the United States, thus facilitating their integration into American society.

Conditions to Apply for the Fiancé(e) Visa :

• One of the fiancés must be a U.S. citizen.
• Both parties must mutually intend to marry within 90 days after the arrival of the foreign fiancé(e) in the United States.
• The fiancés must be free to marry, which implies that any previous marriage must be legally terminated by divorce, death, or annulment.
• The fiancés must have physically met at least once within the two years preceding the K-1 visa application.
• The U.S. citizen fiancé must have the minimum required income to support their fiancé(e). Otherwise, the law requires another citizen to sign an affidavit of support to fulfill this condition.

Etymology of the Fiancé(e) Visa

The term “visa” comes from the Latin “charta visa,” meaning “paper seen,” from “visus,” the passive participle of “videre,” to see. Used since 1831, this term refers to an official endorsement on a passport. The word “fiancé” was borrowed from French in 1826 and comes from the past participle of “fiancer,” referring to the expression “to promise in marriage.” It derives from the Latin “fidare,” meaning “to trust.” In the American legal context, the combination of these two terms refers to an official document that allows a foreign individual, promised in marriage to a citizen, to enter the United States to get married.