What is a K-1 Fiancé Visa?
The K-1 Visa allows the foreign fiancé of a U.S. Citizen to enter the United States to marry their U.S. Citizen fiancé within 90 days of arriving. Once married, the foreign spouse can apply for a Green Card by Adjustment of Status and become a Lawful Permanent Resident.
What is a Fiancé(e)?
To be considered fiancés, both individuals must be legally allowed to marry by the laws of their home country. This means that previously marriages must be completely terminated and divorced. Mere separation does not count and will lead to a denial of the Visa.
Also, both members must have met each other at least one (1) time in the past two years. There are rare exceptions to this rule for special reasons such as religious customs.
What are the Steps to getting the Fiancé(e) Visa?
It is strongly recommended to consult the JQK Immigration Lawful before starting this process. Many issues may exist that can cause difficulties for your case. After compiling all the necessary information and documentation, the first step is to Petition the U.S. Immigration Department (USCIS) with Form I-129f and accompany documents and G-325a Forms. Once this is submitted and approved, the case will go to processing with the National Visa Center (NVC) and late scheduling for an interview appointment with the foreign alien fiancé's local Embassy or Consulate. Several documents will be required at this stage, including Form DS-160, Form I-134 Affidavit of Support and Medical Examination/Vaccines.
If the K-1 Visa is approved and they enter the U.S. and marriage occurs, the alien spouse can apply for a Green Card by applying for Adjustment of Status (which includes a different Affidavit of Support Form I-864 which is different than the Form I-134).
How long does my foreign Fiancé(s) have to wait to get the Visa and enter the U.S.?
Processing times for getting the Visa vary depending on busy the Immigration Department (USCIS) and the local Embassy or Consulate is at that time. Moreover, background issues and application errors can delay processing. The initial application petition can take from six (6) weeks to five (5) months to be approved. Once approved, it will be sent to the NVC and later the Consulate. This process can also take from two (2) to four (4) months or more.
Importantly, a potential Petitioner or Beneficiary should consult an attorney, especially if there was ever a period of unlawful status, previous immigration court appearances, removal or voluntary departure, or criminal history. Moreover, there are country specific issues that exist that require attorney research to prevent problems emerging that can cause delays or potential damage the case.
The K-1 Fiancé Visa includes a lot of documents, forms and information requirements. Mistakes in this process will cause extended delays and potentially lead to a denial. As such, please contact the JQK Immigration Law Firm for help in properly completing this process and bringing your loved one in the U.S.
We help people from every country in the world and state in the U.S. Consultation can happen in person or by phone. You do not have to be in the same city where our offices are located! Call now!
Sample of Approved of Fiancé Visa (Form I-129f) by the JQK Law Firm
How do I bring my Fiancé to the U.S.? How can I get a Green Card for my foreign Fiancé? What is the process for getting my loved one a Lawful Permanent Residency?
Every day thousands of Americans ask themselves this question. Getting a Green card for such people is possible and relatively fast. But it is complicated and requires several steps and a lot of information.
Basic Requirements for a K-1 Fiancé(e) Visa Youtube Video