Helping the Fiancés of U.S. Citizens Legally Enter the United States

As a U.S. citizen engaged to marry a foreign national fiancé (or fiancée), you have a few options for legally bringing your alien fiancé(e) to the United States of America. Among these legal options is applying for a K-1 visa for fiance immigration.

The K-1 fiancé visa is a temporary visa provided by the United States Citizenship and Immigration Services (USCIS). The K-1 visa is reserved exclusively for future spouses of U.S. citizens with a valid engagement to marry someday in the near future. It has a certain set of restrictions as a temporary visa. But if those restrictions can be satisfied, then the beneficiaries of K-1 visas will enjoy the ability to live together and marry in the United States.

As with all things under immigration law, applying for a K-1 visa can feel almost purposefully complicated and arduous. That is why it is strongly recommended that you retain the legal counsel of an experienced immigration lawyer to represent your interests. With immigration lawyers in your corner, you can pursue a K-1 visa with more confidence and security knowing that all the necessary documents are in order, all forms have been properly filed abroad and Stateside and all eligibility requirements have been met.

The law offices of Elizabeth Rosario Law, PLC. have extensive experience lending legal guidance to clients like yourself who are looking to build a new life together in the United States. As your legal counsel, our law firm will provide dedicated and compassionate representation throughout the fiance visa process. To learn more about our legal services, please contact our legal team to set up an in-depth case evaluation today.

What Are the Benefits of a Fiancé(e) Visa?

A K-1 fiancé visa is a relatively quick method for acquiring a lawful permanent resident card (green card). If successful in acquiring a K-1 visa, the engaged partners would be allowed to unite in the U.S. and plan their wedding together instead of being separated by national borders while awaiting a decision on a green card application.

With the K-1 visa, you are allowed to have your wedding anywhere you like within the U.S. instead of needing to get married abroad.

Once the K-1 visa holder petitions for an adjustment of status, they will be granted the right to work in the U.S. and travel to and from the country.

Who is Eligible for a Foreign Fiancé Visa?

There are several basic criteria that must be met in order to qualify for a K-1 fiancé visa.

These requirements include:

• The sponsor fiancé(e) must be a U.S. citizen, and the foreign fiancé(e) must be living abroad.
• Both the U.S. citizen petitioner and the foreign fiancé must be legally single and eligible to marry under the laws of the United States. If previously married, there will be the need to prove that the prior marriages have ended. This may be accomplished by providing the appropriate immigration officers with evidence of a divorce, annulment, or death certificate.
• The U.S. citizen sponsor must meet the minimum income requirements to prove that they can financially support their foreign fiancé until that fiancé is legally able to work in the USA.
• The two engaged persons must have met in person at least once within the past two years (there are exceptions to this rule).
• You must intend to marry within 90 days of entry into the U.S.
• Neither fiancé should have a major criminal history.

To ensure that you and your fiancé(e) meet the basic criteria for eligibility, we encourage you to speak with an immigration lawyer at our law firm.

What is the 90-Day Rule?

The 90-day rule requires that the U.S. citizen petitioner and their foreign-born fiancé(e) marry within 90 days of the foreign fiancé’s entry into the United States.

There is no extension allowed, and the K-1 visa cannot be exchanged for another temporary visa during this 90-day period. Additionally, the foreign citizen fiancé(e) must marry the U.S. citizen sponsor who petitioned their entry into the U.S. to satisfy this 90-day rule.

If the two fail to marry by the end of the 90 days, the fiancé who arrived on the temporary nonimmigrant visa will be required to leave the U.S.

What is the ‘Meet in Person’ Requirement and Can it Be Waived?

The U.S. citizen fiancé(e) and their foreign national fiancé(e) must have met in person at least once within the past two years in order to be considered eligible for the K-1 visa.

There are a few limited exceptions to this rule.

Immigration law allows a waiver to be issued if meeting in person would violate certain cultural or religious traditions. The law may also consider waiving the requirement if meeting in person would cause ‘extreme hardship’ for the U.S. citizen fiancé(e).

Does a K-1 Visa Make You a Legal Permanent Resident?

No, a K-1 visa is a temporary non-immigrant visa, which is not the same as lawful permanent residency. After you get married, the foreign spouse must petition to adjust their status. The foreign-born spouse can then apply for a marriage-based green card, which will grant them legal permanent residence.

What is the K-1 Visa Application Process?

The application process for a K-1 visa can be complex and lengthy. There is no shortage of ways where things could go wrong, and the application you’ve worked so hard on may be delayed or dismissed. Every step of the K-1 visa application process can be streamlined and simplified with the help of an experienced immigration attorney. Before proceeding on this challenging path alone, please consider hiring an immigration attorney at our law firm to help you through the process.

In the first step of the K-1 visa application process, the U.S. citizen fiancé must file Form I-129F with the USCIS. This form includes information about both fiancés, information about potential criminal history, and biographic info. Included with the form should be birth certificates, a certificate of citizenship or naturalization, a valid U.S. passport, evidence of your relationship with your partner, and more. The processing time for Form I-129F can take a while, so one must be prepared to remain patient.

In the next step, the foreign fiancé(e) must complete Form DS-160. After this, the foreign fiancé(e) will be required to attend a visa interview with a consular officer at their local U.S. embassy or consulate. This interview is all-important for getting your K-1 visa application approved. Just the same, all questions must be answered truthfully because fraud will not be tolerated. Additional documents required at the visa interview include a medical examination report, Form I-134 (Affidavit of Support), evidence to prove your relationship is legitimate, and more.

If approved for a K-1 visa, the beneficiary should plan to travel to the U.S. immediately with plans of getting married. The K-1 visa is good for only six months once it is issued, and the 90-day clock for a wedding begins once the foreign fiancé(e) legally enters the United States.

How Long Does it Typically Take to Get a K1 Visa?

The K-1 visa application processing times can be lengthy. Currently, Form I-129F processing times can take six months or more. However, wait times of up to 16 months are not unheard of.To learn more, speak with an immigration lawyer at our law firm for more up-to-date information.

Why Might a K-1 Fiancé Visa Application Be Denied?

Each K-1 visa application is carefully reviewed and thoroughly scrutinized by immigration officials. Any error, however small, may result in the application being denied or delayed. But there are other reasons why a petition could be denied, too.

If there are medical concerns after the medical examination, that could result in the application being denied. Major criminal backgrounds may also result in a denial. Some applicants fail to satisfy the question of whether their relationship is genuine. Other U.S. citizen petitioners fail to meet the minimum income requirements to provide financial support for their foreign citizen fiancé. And failure to prove U.S. citizenship could render the application dead in the water from the very beginning.

Can Same-Sex Couples Apply for the Fiancé Visa?

The Supreme Court ruled that same-sex couples have the right to marry in the United States. For fiancés living in foreign countries, marrying in the U.S. may be their only hope of living together as married partners, as it is still outlawed in many foreign nations. If you are an engaged same-sex couple, please consult with our law firm to learn more about how we may be able to assist you through the visa application process.

Schedule a Consultation to Speak with a Lawyer for K-1 Visas for Fiances

The pursuit of the American Dream for many couples can feel long and challenging. Sometimes, the immigration system almost feels needlessly complex, like it was meant to discourage all but the most determined from reaching their goals. It’s important not to let frustration and confusion take over. Yes, the road you’re set to travel may be long and difficult, but remember why you’re doing it: because you want to be together as married partners in the United States of America. And also, remember that you don’t have to navigate this long, winding road on your own either. Not only do you have each other, but you also have the help of knowledgeable legal professionals if you ask for it.

The law firm of Elizabeth Rosario Law, PLC. has years of experience uniting family members through the complex legal immigration system. As your legal representatives, we will proudly stay by your side from the beginning of the process to the end, cheering you on as you near your wedding date in the USA. Please contact us to schedule your initial consultation at 616-530-0101.