The K-1 visa, also known as the fiancé(e) visa, is the nonimmigrant visa for those who are engaged and are coming to the United States to get married. As a U.S. citizen, you are allowed to apply for a fiancé(e) visa to get married by filing Form I-129F.
In order to bring your fiancé(e) to the United States with a K-1 fiancé(e) visa, you must meet the following requirements:
The fiancé(e) who is already a U.S. citizen must be the one to petition for their partner.
Once you arrive in the United States, you must get married within 90 days. If the marriage does not take place, the person with the nonimmigrant visa will need to leave the U.S. The K-1 visa lawyers at Scott D. Pollock & Associates can help you will all of your paperwork. Your attorney will help prove to the USCIS that your engagement and soon-to-be marriage is legitimate and not fraudulent.
Not only can your attorneys assist you through the K-1 visa process, but we can also assist with your process of applying for your green card once you are married.
Your K-1 visa attorney will be able to help bring your fiancé(e) to the United States as you navigate the United States Citizenship and Immigration Services (USCIS), U.S. Department of State (DOS), and the U.S. Customs and Border Protection (CBP). There are five steps involved in the K-1 visa process.
You must file for Form I-129F with the USCIS, so that you and your fiancé(e)’s relationship is recognizable. Your K-1 visa lawyer can guide you through the process of filling out the form, collecting required evidence, and sending your form. Form I-129F has a filing fee of $535.
Once you send in the form, USCIS reviews your form and, if approved, recognizes the relationship. USCIS will send your approved form to the DOS. If you get denied, speak with your fiancé(e) visa attorney for next steps.
Once your approved visa application is sent to the DOS, the DOS will then forward your form to the U.S. Embassy in your fiancé(e)’s origin country. There, your fiancé(e) can apply for the K-1 nonimmigrant visa.
During your visa interview, you will also have to provide proof that one or both of you are able to financially support each other. A form for your Affidavit of Support needs to be submitted by the applicant who is a U.S. citizen.
To apply for the K-1 fiancé(e) visa, your fiancé will bring all required documents and forms. The DOS consular officer then meets with the applicant and either grants visa approval or denial. Their decision is based on whether or not the DOS finds the relationship bona fide.
Even though their fiancé(e) is petitioning for them, the person receiving the visa must show the following evidence and documentation at your interview:
When you do receive your K-1 fiancé(e) visa, you will need to apply for U.S. port-of-entry using your visa. You have 6 months from the date your visa was issued to enter the United States.
Once you have a valid K-1 nonimmigrant visa, you then need to be inspected at a port of entry. An important part of the fiancé visa is that you do not have automatic entrance into the United States. A CBP officer will inspect you and once you pass, you can enter into the U.S.
It is also important to note that along with your visa, you will be given other documents in a sealed packet. The immigration officer will open the packet, so make sure it remains sealed when you enter the United States.
After official entry into the United States, you and your fiancé have 90 days to get married.
Once officially married, your k1 visa attorney can help you apply for a Green Card using Form I-485, Application to Register Permanent Residence or Adjust Status. The price of Form I-485 varies depending on age relationship with a parent. You will also need to present evidence such as:
Consult with your fiancé visa lawyer about evidence needed for status adjustment to permanent resident that is specific to your nonimmigrant visa experience.
When USCIS receives your status adjustment form, both spouses will be interviewed. You may also need to give biometric information, like fingerprints and digital signatures.
Adjustment of status can be a lengthy process. Your K-1 visa attorney will guide you through each step and for preparation and reception of your permanent residency.
The experienced attorneys at Scott D. Pollock & Associates P.C. are here to support you in your process of apply for a K-1 fiancé(e) visa. We have fiancé(e) visa services to help you, your fiancé(e), and your children obtain the K-1 nonimmigrant visa. If you are searching for an immigration lawyer for K-1 visa, our team is here to represent you. Contact us today about any questions you may have.