Given the popularity of online dating and online gaming websites, it is no surprise that more and more people are finding their spouses from all over the world. A K1 fiance visa is a great way to bring your foreign boyfriend (fiancee) or girlfriend (fiance) to the United States in order to get married. After marriage, your new wife or husband will be able to immigrate to America by applying for a US green card while living here.
K1 Fiance Visa Requirements
The K-1 fiancee visa allows a foreign national to enter the United States for up to 90 days for the purpose of marrying a United States citizen (fiances of US lawful permanent residents do not qualify for a K1 visa). In order to qualify for a fiance visa, the foreign boyfriend or girlfriend must intend to marry the US citizen within 90 days of arrival. The couple must have met within the two years prior to the fiancee visa application, unless waived by immigration officials due to custom or hardship. Finally, both parties must be eligible to marry by meeting the age requirements and showing proof that any former marriages ended in divorce, annulment or death. Note: During the consular processing portion of the fiance visa process, the consulate may require the US citizen fiancee to file evidence of his or her ability to support the foreign national on form I-134. Many consulates require the petitioner to have income at or above the poverty level. A K-1 visa attorney can help evaluate your eligibility for sponsoring a foreign fiance.
K-1 Fiancee Visa Process in the US
The K-1 fiance visa process is intended to be faster than obtaining a normal marriage visa. First, the US citizen fiancee files form I-129f (I129f) with the USCIS office that handles fiance visa applications from his or her state. The 129f petition requires,among other things, a statement from the American citizen as to how the couple met within the past two years, as well as evidence of the meeting. An immigration attorney or lawyer can help prepare the fiance visa petition quickly and accurately in order to avoid lengthy processing delays caused by incomplete information or poorly executed petitions, which often result in an RFE (request for evidence).
K1 Fiance Consular Processing
Once the I-129f (Petition for Alien Fiance(e)) has been approved, the National Visa Center (NVC) will forward the information to the US embassy or consulate that handles K1 visas for the country where your fiance lives. Your fiancee will receive a packet of visa application forms in the mail, as well as instructions for completing a medical exam and obtaining police record clearance. A complete background check will be initiated. Your fiancee will be scheduled for a consular interview and, if approved, will receive the fiancee visa up to several days or weeks later.
Immigration to US After Marriage
Once the K-1 fiancee marries the petitioning US citizen within 90 days of entering the US, he or she can complete the immigration process by applying for adjustment of status and obtaining a green card.
K2 Visa for Child of K1 Fiancee
Children of a foreign fiance coming to the US on a K-1 visa are able to accompany their mother or father on a K2 visa if they are unmarried and under 21 at the time they enter the US. Applicants for K-2 visas may need permission from the non-custodial parent in order to qualify.
We represent clients in US Immigration cases from ALL 50 STATES and AROUND THE WORLD, as most immigration representation can be handled electronically and through the mail. If your case does require the physical presence of an immigration attorney, we are able to come to you, no matter where in the US you are!
