Please consult with an experienced immigration attorney to analyze your goals and situation and advise you on your eligibility to obtain a fiancé(e) visa to enter the United States legally.
Initial case evaluation is FREE.
A K-1 Fiancé(e) Visa is filed by a U.S. Citizen who is engaged to a foreign national and wants him or her to come to the United States for the purpose of marrying him or her. The petition for the visa must be filed by the U.S. citizen in the relationship on behalf of the other party in the relationship.
A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to the laws of the state in the United States where the marriage will take place. It must be demonstrated to the satisfaction of the U.S. Citizenship and Immigration Service (USCIS) that the relationship is legitimate.
In order to demonstrate the validity of the relationship, some of the following should be provided to the USCIS:
– Proof that the couple has met in person during the previous two years;
– Photos of the couple together;
– Photos of the engagement ring or other customary engagement ceremony;
– Letters of intent;
– Affidavits from family members; and
– Any other specific proof USCIS might deem necessary.
If you cannot demonstrate the existence of your relationship to the satisfaction of the USCIS, your visa may be denied. If you are uncertain whether or not your partner meets the qualifications for being a fiancé(e) or want help demonstrating your relationship to the USCIS, please contact one of our qualified attorneys.
In order to petition, a Form I-129F must be filed with the closest USCIS center. Once the petition is approved, it is sent to the National Visa Center (NVC) for further processing. The NVC provides the Affidavit of Support forms and other necessary forms. The case is then sent to the embassy or consulate of the country in which the fiancé(e) resides.
Once the petition is received by the consulate or embassy, the fiancé(e) must apply for a K-1 Nonimmigrant Visa at that location. It should be noted that since this Visa allows the fiancé(e) to come to the United States in order to marry a U.S. Citizen, the fiancé(e) must also meet some of the requirements for an Immigrant Visa.
At the consulate or embassy, a digital, non-ink, fingerprint scan will be taken in order to verify the fiancé(e)’s identity and perform a brief background check. Some visa applications also require further administrative processing. The officer at the consulate or embassy will provide further information about the specific process at that consulate/embassy.
Sample documents that may be requested for the interview are:
– A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant’s intended stay in the United States
– Birth Certificate
– Divorce or death certificate of any previous spouse of both the petitioner and applicant
– Police certificate from all places in which the fiance (applicant) has lived since age 16
– Medical Exam
– Evidence of financial support (Form I-134, Affidavit of Support may be requested. This form, along with the evidence it requires demonstrates that the petitioner can provide for the applicant during the applicant’s stay in the United States)
– TWO Nonimmigrant Visa Applications, Form DS-156
– ONE Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
– Two nonimmigrant visa (passport style) photos
– Evidence of a fiancé(e) relationship
– Payment of fees
– Other documents the Consulate may request. Documents in a foreign language should be translated and submitted with notarized proof of a valid translation.
The fees will include, but not be limited to, fees for filing Form I-129F, Nonimmigrant visa application processing fee, medical examination, fingerprinting fees, filing Form I-485, other photocopying or translation fees, miscellaneous fees.
After the K-1 Visa is granted, the fiancé(e) must enter the U.S. through a valid port-of-entry. The K-1 Visa Folder must be presented to the Immigration Agent upon entry.
THE COUPLE MUST GET MARRIED WITHIN 90 DAYS OF THE FIANCÉ(E)’S ENTRY INTO THE UNITED STATES.
Marriage in itself does not constitute legal permanent residence or a change in status. Anyone attempting to adjust his or her status must fill out Form I-485, Adjustment of Status, and the petitioner must fill out a new Affidavit of Support using Form I-864. If a K-1 visa holder should leave the United States for some reason, he or she is not allowed to re-enter on the same visa.
These matters often involve complicated U.S. laws and international laws along with dealing with foreign officials. Our immigration lawyers at M.C. Law Group have had experience with filing for K-1 Visas for numerous individuals.
This nonimmigrant visa is also known as a marriage visa, girlfriend visa, and wife visa (K-3). This visa can only be obtained through consular processing outside of the United States. K-1 visas cannot be obtained through change of status; however, an alien who is married to a U.S. citizen and present in the United States might be able to adjust his or her status based on the approved Form I-130, Petition for Alien Relative.
U.S. citizens must be aware that pursuant to INA § 275(c), IMMIGRATION MARRIAGE FRAUD AMENDMENTS ACT, persons who knowingly enter into a marriage for the purpose of evading the immigration laws of the U.S. can be fined up to $250,000 and be imprisoned for up to 5 years.
