What is a K-1 Fiance Visa?
Who Can File A K-1 Visa Petition?
Only U.S. citizens can file a K-1 visa petition for their fiancé. A U.S. citizen cannot file a K-1 for their spouse who resides abroad. If you want to petition for your spouse, please check this link. Lawful permanent residents may not file a K-1 visa petition.
How long will it take for my fiancé to join me in the United States?
This depends on your fiancé’s home country. But, it usually takes about 4-6 months from the date of filing your K-1 petition for your fiancé to join you in the U.S.
However, USCIS may issue an RFE or request for evidence. Additionally, USCIS could raise concerns that you met your fiancé through the services of a marriage broker. Both of these can cause to delays or denials of K-1 visa petitions. In the end, your fiancé will have to attend an interview which will ultimately decide if they are granted the K-1 visa or not.
Is the K-1 Visa Petition the Right choice for you?
Which visa or option is best for your particular situation depends on your goals. An immigration lawyer can assess your case and provide you with the best options tailored to your specific goals and needs.
For example, the K-1 visa is a better option for the couple if they prefer to marry in the U.S. On the other hand, an I-130 petition for alien relative is better if the couple prefers to marry abroad or is already married. In short, an immigration lawyer can help you decide which is best for your individual needs.
If My Fiancé Has Children Can They Travel to The U.S Too?
Yes, as long as they are under 21 years of age. A child whose parent is the recipient of a fiancé visa can apply for a K-2 derivative visa.
What Are The Requirements for a Fiance Visa?
First, you must have met your fiancé in person within the last 2 years.
In most cases, USCIS will require proof that you and your fiancé have met in person at least once during that last 2 years before filing the petition.
There are religious exemptions to this requirement. Proof that you have met your fiancé in person can be: flight itinerary or documentation, pictures of the two of you together, receipts from your time together in your fiancé’s country, lodging confirmation etc.
Second, you must not have met fiancé through the services of a marriage broker.
In addition, USCIS must be satisfied that you did not meet your fiancé through the series of a marriage broker as defined by the International Marriage Broker Regulation Act.
If you met your fiancé through a matchmaking service or online dating site, it would be a good idea to talk with an immigration lawyer before you get started.
Third, you and your fiancé can not have certain criminal convictions or arrests.
If you or your fiancé have ever been convicted of a crime here or abroad, you may not be able to qualify for a fiancé visa.
No matter how old an arrest or conviction is or how petty the offense, it is a great idea to disclose all criminal activity to an experience immigration lawyer who can advise you to the potential risks or complications in your case.
Fourth, you and your fianceé must be free to marry.
For immigration purposes, free to marry means that you will provide documentation that any prior marriages were legally terminated by divorce, death, or annulment.
A marriage is usually considered valid if it was entered pursuant to the laws of the county or country where it took place. Additionally, all applicants must submit proof that they intend to marry their sponsor
Finally, the couple must be able and willing to marry within 90 days of the fiancé’s arrival into the United States.
Once the marriage has taken place, the newlyweds must submit form I-485 along with the other requirements for adjust of status so your fiancé can finally attain their green card.
Do I need a lawyer? Contact us
With the recent changes to immigration policy, family-based petitions are taking longer to process.
There are many necessary applications, supporting documents, and filing fees that must be submitted at different stages throughout the process.
Not only can we help you identify what applications and documents you will need, but we will also prepare the forms for you and aid you in gathering all necessary documents.
We will then assemble the filing along with all necessary documents and filing fees and we will mail it out to USCIS.
While the application is pending, we will be here to answer any of your questions or concerns that may come up.
If USCIS issues an RFE we will work with you to respond to the RFE as quickly as possible. We will also thoroughly prepare your fiancé for their interview with immigration which will ultimately determine whether they will get their K-1 visa.