What is a fiancé visa, and does it offer the same benefits as a marriage visa?

If you are looking for a way to bring your foreign partner to your country, the fiancé visa could be the answer to your immigration-related problems. A fiancé visa, known as a K-1 visa in the U.S., can be obtained if the applicant and their partner intend to marry within 90 days of arrival.

The excitement of spending your life together can be fun until the stress of visa processing comes to mind. If you want to stay with your partner in their country but still cannot decide which visa to apply for, then let us look at the required information to come up with the best solution.

What is a fiancé visa?

Through the fiancé visa, a non-immigrant visa, an individual can temporarily enter a foreign nation for marriage. Here, the primary focus for attaining the visa is to marry a national or long-term resident of the country. It is an indefinite stay in the country that can be prolonged through verification of the applicant's relationship.

On the other hand, a marriage visa is an immigrant visa that the spouse, who is not a citizen of the country, obtains after marriage with the intention of immigrating to the country with their spouse. This visa is issued for a longer period with no restrictions and involves re-entering and exiting the country whenever required. It can be seen as the longer route to settlement in comparison to a fiancé visa.

Are you eligible? What is the process?

The requirements for a fiancé vary across countries but are quite similar. Let us look into the requirements for each country and its differences for a better understanding and implications of the fiancé visa.

U.S.A:

To begin the application process there, the applicant's fiancé must petition the American government for a K-1 or fiancé visa. The citizen must then file Form l-129 F, Application for Alien Fiancé, which is used to request a K-1 or K-3 (visa for a foreign national spouse) with the USCIS (U.S. Citizenship and Immigration Services). The U.S. Consulate will then arrange a visa interview in the fiancé's state once this procedure has been accepted.

Upon satisfactory completion of the steps, the U.S. Consulate will grant the fiancé visa. In addition, they must enter the nation within six months of receiving the visa to keep it from expiring. Another thing to keep in mind is that the K-1 visa only allows the fiancé to enter the country to get married; it does not allow the applicant or immigrant to reside there permanently. In order to request a change in immigration status from temporary visitor to permanent resident, an applicant must get married within 90 days of entry and then begin processes for the AOS (Adjustment of Status) application. Through this process, they can apply for a green card by filling out Form l-485, the application for registering permanent residency, alongside other USCIS forms.

UK:

Similar to the process mentioned under the U.S.A., the applicant’s partner must be a citizen or have settled status in the country. The visa lasts for six months in the UK as well, with the supposition that the applicant will marry their partner before the validity of the visa ends. Like other countries, the applicant must apply for another immigration application to remain in the country after the fiancé visa is no longer valid. Here, the best option is to switch to the spouse visa, which grants the individual 30 months of residency in the UK with no restrictions. Additionally, they can study and look for employment in the country with a spouse visa.

Alongside these requirements, the applicant and their partner must be at least eighteen years of age and demonstrate their ability to financially support themselves. They must plan on living with their spouse once they are married in an appropriate accommodation and have a combined income of £18,600 annually.

If the applicant comes from a country where English is not the primary language, they must pass an SELT test that has been certified in order to prove their ability to comprehend and communicate in English at the level A1 specified by the Common European Framework of Reference for Languages.

Australia, New Zealand, and Canada:

The fiancé visa in Australia, New Zealand, and Canada requires the applicant to be engaged and intend to live together or get married, similar to the procedures in other countries. Here, they are required to provide evidence that supports their claim to be in a genuine relationship during the application process.

Under the procedures in Australia, they must complete, on the official website of the Australian Department of Home Affairs, the Prospective Marriage (Subclass 300) visa. They can stay up to nine months after receiving the visa, which can later be changed by applying for partner visas (subclasses 820 and 801) to transition to permanent residency.

For Canada, the applicant and their spouse must have met within the last two years and must intend to marry within 90 days of arrival. Their spouse must also submit a sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC). After this has been approved, the fiancé can apply for permanent residence under the Family Class category. Once it gets approved, they will receive their Confirmation of Permanent Residence (COPR), permitting the applicant to live as a permanent resident.

Is it better or the same? What are the benefits?

Compared to a marriage visa, a fiancé visa is chosen since it is easier, quicker, and less expensive. Since this visa permits foreigners to enter for the purpose of marriage, it can extend to joining their partners in the country after marriage. However, this visa does not require as many procedures as a marriage visa.

In addition, although it provides conditional residency, they can prove the bona fides of their marriage during the provisional period and obtain permanent residency. They can also apply for a permanent visa while in the country. This is different from a marriage visa since it requires the applicant to apply for the visa from outside the country and then later enter as a resident. If the applicant has concerns due to cost or travel restrictions, then the fiancé visa will be ideal. When viewing these factors, this visa is preferred over the other by most people.

Time to Decide! A reminder:

Keeping in mind all these factors, decide on the right visa for you. Although they may vary across countries, attaining a fiancé visa is an easy procedure that can be done with the right proof and documents. For more specifications, make sure to refer to the official immigration websites according to your needs. Hope you make the best choice!

Box Content/Extra Info:

Some quick tips before you leave:

Is the procedure free?

No, the application process to apply for a fiancé visa comes with a fee that varies across countries. The price in the United States is $800, plus the fee for the "Adjustment of Status" form. In Australia, the application fee for the main candidate is $2500–3500 (AUD). The fee required in the UK is £1538. Canada charges $850 (CAD) for the visa, and the permanent residence fee is $515 (CAD).

The fee in New Zealand varies depending on visitor and residence visas. If you are the partner of someone who is a New Zealand resident or has a resident visa, the fee is $3,610. If your partner in New Zealand is on a visitor visa, the fee charged is around $235.

What is the processing time for a fiancé visa?

While it takes 13 months in New Zealand and 12–18 months in the U.S., Australia, and Canada, it only takes 3 months in the UK for processing.

What is the acceptance rate for the visa?

Most countries have an acceptance rate of over 80% if the procedures have been successful. Unless the right documents have not been submitted, the probability of acceptance is high.

Is there provision for dependents under the fiancé visa?

No, there is no such provision during the initial entrance into the country. However, depending on the immigration category the foreign spouse seeks permanent residency under, different procedures and conditions apply for sponsoring dependents.