Guide to Getting a Fiancé Visa for Iranians – Everything You Need to Know

As one of the best immigration law firm for Persian/Farsi-speaking clients, ImmigraTrust Law understands Iranians' unique challenges when navigating the U.S. visa process. One common goal for many of our clients is to bring their fiancé to the United States. The fiancé visa, also known as the K-1 visa, allows a U.S. citizen to sponsor their fiancé to come to the United States to get married. ​

Obtaining a fiancé visa can be a complicated and time-consuming process, with many requirements and strict deadlines. With the proper guidance and support, obtaining a fiancé visa for Iranians can be a smooth and successful experience. In this comprehensive guide, our experienced immigration lawyers will guide you through the process of obtaining a fiancé visa for Iranians, including what you need to know and what steps you need to take.

What is a Fiancé Visa?
A fiancé visa, also known as a K-1 visa, is a type of nonimmigrant visa (a temporary visa) that allows your fiancé to enter the United States so that you can get married. The sponsoring fiancé must be a U.S. citizen. In other words, you cannot use the fiancé visa as a green card holder.

Once the visa is granted, the fiancé has 90 days to get married after entering the United States. If the marriage takes place within the 90-day period, the fiancé can then apply for permanent residency via filing the I-485 adjustment of status petition. If for some reason, you are not able to get married within 90 days of your fiancé’s arrival to the United States, you can still apply for permanent residency; however, you have to file an I-130 application and I-485 application at the same time. This process is sometimes called a “one-step” application and is a bit more costly than if you were to apply for I-485 after getting married within 90 days of your fiancé enters the United States. 

Who is Eligible for a Fiancé Visa?
To be eligible for a fiancé visa, the following requirements must be met:

1. The U.S. citizen petitioner must be a U.S. citizen, at least 18 years old, and be able to support the foreign national financially.
2. The couple must have met in person within the past two years unless cultural or religious restrictions make this impossible.
3. The intended spouse must be a foreign national residing outside of the United States.
4. Both the sponsoring fiancé and the beneficiary fiancé must be legally able to marry under both U.S. and foreign law. In other words, they must not be considered married to each other or someone else under any country law.
5. You must have the intention to get married once your fiancé has arrived in the United States. Other than that, you do not have to be formally engaged. In other words, you do not have to have an engagement party or exchange rings; having the intention to get married is sufficient. 
6. Show proof of your relationship as a couple, such as photographs, letters, emails, and other documents that show that you and your fiancé have a genuine relationship. 
7. The U.S. citizen must have filed a petition on behalf of their intended spouse.
8. The fiancé must pass a medical examination and background check.

What are the Steps to Obtaining a Fiancé Visa for Iranians?

1. File a Petition - The first step in obtaining a fiancé visa is to file a petition with U.S. Citizenship and Immigration Services (USCIS), called the I-129F, Petition for Alien Fiancé visa application. The U.S. citizen must file the petition on behalf of their intended spouse.
2. Wait for Approval - Once the petition has been filed, it will be reviewed by USCIS. As of February 2023, it is taking about 11-14 months for the petition to be processed. If the petition is approved, it will be sent to the National Visa Center (NVC) for processing.
3. Embassy Forms and Schedule an Interview - The next step is to fill out financial support forms for the embassy, collect the necessary documents, and then schedule an interview at a U.S. embassy or consulate. The fiancé will need to attend this interview in person, where they will be questioned about their relationship and intentions for coming to the United States.
4. Obtain the Visa - If the interview is successful, the fiancé will be granted a visa. Your fiancé will usually be given a visa which is valid between 4-6 months to enter the United States.
5. Getting Married Once in the United States - Once your fiancé has arrived in the United States, you must get married within 90 days of your fiancé’s entry. 
6. Apply for Permanent Residency - After the marriage has taken place, the fiancé can apply for permanent residency. This process is separate from the fiancé visa process and requires additional forms and potentially attending another interview.

Tips for a Successful Fiancé Visa Application

1. Start the process early. The fiancé visa process can take several months, so it is essential to start the process as soon as possible.
2. Gather all of the required documents, make copies, and get translations of any foreign language documents. Having all the required documents on hand will make the process smoother and faster.
3. Be prepared for the fiancé visa interview. Familiarize yourself with the types of questions that may be asked and practice answering them. 
4. Be honest and truthful. Providing false information or attempting to hide information can have serious consequences, including the denial of your application. To avoid this outcome, you must thoroughly understand what is required for a successful fiancé visa application.

How Long Does the Fiancé Visa Process Take? How Long Does the Fiancé Visa Process Take for Iranians? 
The timeline for getting a fiancé visa can vary depending on several factors, including the processing times of USCIS and the U.S. embassy or consulate, as well as the individual circumstances of the couple. However, the typical timeline for getting a fiancé visa is as follows (As of February 2023):

• Form I-129F Processing and Wait for Approval  – 8 to 15 months
• Transfer to National Visa Center and Processing– 1 to 2 months
• Wait for Embassy Interview (for Iranians)  – 3 months 
• Potential Background Checks After Embassy Interview - (Potentially) Up to a year. 

It is essential to remember that these are only estimated timelines, and the actual time it takes to obtain a fiancé visa may be shorter or longer depending on the case's specific circumstances.

What are the Common Challenges for Iranians in Obtaining a Fiancé Visa?
Obtaining a fiancé visa can be a complex process, and there are several common challenges that Iranians may face. Some of these include:

• Proving the authenticity of the relationship
• Overcoming cultural or religious barriers
• Dealing with language barriers
• Navigating the visa process in an embassy that is in a third country
• Specific bans or restrictions on Iranians such as the ban on former conscripts of the Islamic Revolutionary Guard Corp (IRGC) or Sepah. There is currently a visa and immigration ban on Iranian males who have done their mandatory military service in IRGC or Sepah. Please contact an attorney if your case might involve this issue. 
• Additional background checks and scrutiny. This is very common for Iranians and can typically mean further processing after the embassy interview that can take up to a year after the interview. If the case is delayed beyond a year, you have rights such as mandamus lawsuits to ensure that your case is processed without unnecessary additional delays.

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Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.