K-1 Fiancé Visa
If you are engaged to a U.S. citizen and want to start your life together in the United States, the K-1 Fiancé Visa provides a pathway to bringing your fiancé to the U.S. for marriage.
At Immigration Spurgin, we understand the emotional and legal complexities of the fiancé visa process.
With over 40 years of experience, Stephen Spurgin and his team are here to guide you through each step of the application process to ensure a smooth and successful experience.
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What is a K-1 Fiancé Visa?
The K-1 Fiancé Visa is a non-immigrant visa that allows the foreign national fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of getting married.
Once the marriage takes place within 90 days of arrival, the foreign spouse can apply for a Green Card (permanent residency) through the Adjustment of Status process.
The K-1 visa is an excellent option for couples who want to begin their married life together in the U.S., but first need to navigate the process of bringing the fiancé(e) to the U.S.
This visa ensures that couples can unite in the U.S. and start their new life while complying with the legal requirements for immigration.
Eligibility Requirements for a K-1 Fiancé Visa
To qualify for a K-1 Fiancé Visa, both you and your fiancé(e) must meet specific eligibility requirements:
U.S. Citizen Sponsor: You must be a U.S. citizen (green card holders or permanent residents are not eligible to sponsor a fiancé for a K-1 visa).
Genuine Relationship: You must have a bona fide (genuine) relationship with your fiancé(e). This means you must have met in person within the last two years (unless waived under certain circumstances) and can provide evidence of your relationship (e.g., photos, travel records, communication history).
Intention to Marry: Both you and your fiancé(e) must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S. If the marriage doesn’t occur within this time frame, the fiancé(e) will have to leave the U.S.
Financial Support: You must meet certain income requirements to ensure that your fiancé(e) will not become a public charge once in the U.S. This is usually shown through a Form I-864 (Affidavit of Support), where you pledge to financially support your fiancé(e).
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Steps to Apply for a K-1 Fiancé Visa
The process for obtaining a K-1 Fiancé Visa involves several key steps, and it’s essential to have an experienced immigration attorney by your side to avoid delays and ensure everything is properly submitted.
1. File the Petition
The first step is for the U.S. citizen to file a Form I-129F (Petition for Alien Fiancé) with U.S. Citizenship and Immigration Services (USCIS).
This form starts the process of bringing your fiancé(e) to the U.S. for marriage.
Required Documentation: Along with the petition, you will need to provide evidence of your relationship, such as photos, letters, travel records, and a statement of intent to marry within 90 days of arrival.
2. Wait for Petition Approval
Once the I-129F petition is submitted, USCIS will review the application and either approve or deny it. If approved, the petition is sent to the National Visa Center (NVC) for further processing.
The NVC will forward the case to the U.S. embassy or consulate in the fiancé(e)’s home country.
3. Consular Processing
After the petition is approved and forwarded to the embassy or consulate, the fiancé(e) will need to attend a visa interview. They must provide the necessary documents, including:
- A valid passport
- Police clearances and medical exams
- Proof of financial support (Form I-864)
If everything is in order and the interview goes well, the U.S. consulate will issue the K-1 visa, allowing your fiancé(e) to travel to the U.S.
4. Travel to the U.S.
Once the K-1 visa is issued, your fiancé(e) can travel to the U.S. Upon entry, they will be allowed to stay for 90 days. During this time, you must marry.
5. Adjustment of Status
Once married, your fiancé(e) can apply for a Green Card (permanent residency) through the Adjustment of Status process. The application must be filed while your fiancé(e) is in the U.S. and before their K-1 visa expires.
They will need to attend an interview with USCIS, after which they will receive their Green Card if approved.
Start the K-1 Fiancé Visa Process Today
If you’re ready to bring your fiancé(e) to the U.S. and start your life together, Immigration Spurgin is here to help.
Our team will guide you through the K-1 visa process, ensuring that you meet all the legal requirements and have the best chance for a smooth and successful outcome.
Call 915-779-2800or contact us online to schedule a consultation and take the next step in bringing your fiancé(e) to the U.S.
