K-1 Fiancé Visa Applications
As a U.S. citizen who wants to marry a foreign national in this country, you need a K-1 visa or Fiancé Visa. Unfortunately, obtaining one is a complex process, and denials are common. To protect your plans for a new life together, reach out to Garvish Immigration Law Group, LLC.
Our family immigration lawyers provide the caring support and professional legal guidance you need to obtain a fiancé visa. Contact our K-1 Fiancé Visa attorneys today.
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What is K-1 Visa?
If you get engaged in a foreign country and want to bring your fiancé here to get married, you must obtain a K-1 visa through the U.S. Department of State. A K-2 visa is also available for your fiancé’s children.
After marriage, a K-1 visa holder may apply for a two-year green card. When this expires, filing Form I-751 removes conditions and allows you to become a permanent resident of the United States.
Requirements to Sponsor Someone for a K-1 Fiancé Visa
To obtain a K-1 fiancé visa, you must provide evidence of your intent to enter a bonafide marriage. This means you are not acting fraudulently or using the marriage merely as a means to obtain entry into the country. Additional requirements to sponsor someone on a K-1 visa include:
- You must be a United States citizen;
- You must intend on getting married within 90 days of arrival in the U.S.;
- You must both be free to marry, with prior marriages terminated via divorce, death, or annulment;
- You and your fiancé must have met in person at least one time within two years prior to filing a K-1 petition.
You may request a waiver for the in-person requirement if it violates customs or traditions in your fiancé’s home country or would result in extreme hardship for you as a U.S. citizen. Our K-1 immigration attorneys will explain these requirements and the exceptions that apply.
Process and Fees for a K-1 Visa
To get a K-1 visa, you must go through U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). Our Atlanta family-based immigration lawyers will protect your rights throughout the process:
- File Form I-129F, Petition For Alien Fiancé asking USCIS to recognize your relationship.
- Attend background checks and a medical exam.
- Apply for a K-1 visa once an approved Form I-129F is sent to the U.S. Embassy or local consulate where your fiancé lives.
- Attend a K-1 visa interview.
Fees associated with obtaining a fiancé visa include $535 to file Form I-129F, $265 for the K-1 application fee and between $150-$500 (varies depending on the country where they are performed) for medical exams.
The K-1 Visa Interview
The K-1 visa interview determines whether your future spouse is permitted to enter the United States. We encourage you to contact our immigration K-1 attorneys to prepare for this interview.
We can review questions commonly asked, guide you in responses, and ensure you have all the required documents. There are two goals of the K-1 visa interview:
- Determine whether security issues prevent your fiance from entering the country;
- Determine whether your relationship is legitimate and you intend to enter a bonafide marriage.
If your K-1 visa is granted, it is valid for a single entry for up to 6 months. If your petition is rejected, it will be returned to USCIS, and you will need to begin the process all over again.
K-1 and K-2 visas (a K-2 visa is to bring your fiancé’s unmarried minor children to the U.S., and is always linked to a K-1 visa) automatically expire after 90 days. If you are on a K-1 visa and decide not to get married, to prevent forced removal (deportation), contact our family immigration lawyers. We may be able to help your fiancé obtain a green card through other means.
If already married, you can apply for a marriage visa. This typically is a more complex process, takes longer, and costs more money.
However, with either a marriage or a K-1 visa, you can apply for a green card by filing Form I-485, Application to Register Permanent Residence, or Adjust Status. If you have been married for less than two years, you will receive a conditional green card valid for 24 months. You must then file Form I-751, Petition to Remove Conditions on Residence.
Generally, it is taking 19 months to get a K-1 visa, which includes up to eight months for approval of Form I-129, an additional eight months to reach the U.S. Embassy or consulate, and multiple weeks for correspondence and scheduling an interview.
At Garvish Immigration Law Group, LLC., we provide the trusted legal guidance you need to bring those you love to the United States. To find out more about obtaining a K-1 fiancé visa and other options available for your situation, call 1.800.951.4980 or contact our office online and request a consultation with our family immigration lawyers today.