Fiance Visa

If you are a U.S. citizen and you wish to marry someone that was born and resides in another country, the K-1 visa will provide you with the opportunity to bring your fiance to U.S. in order to get married. This category of visa is often called “fiancée visa.” Although it’s not required that you hire an attorney when filing a petition for a K-1 visa for your husband or wife-to-be, it’s highly advisable having a fiance visa lawyer representing you.

Gallardo Immigration Law has several lawyers with experience handling cases just like yours. They can help you with the K1 Visa process.

General Overview of K1 Visa

The application process for the K-1 visa basically requires three steps:

First, paperwork must be filed with the USCIS (United States Citizenship & Immigration Service) in the United States.
Once this has been approved, the case is sent to the United States embassy located in your fiancée’s native country where he or she will be asked to fill out the required paperwork and take a medical exam.
After that, the immigrant will go for an interview in the United States embassy/consulate. The visa will be granted right after that.
If you need help with the required K1 visa process Miami, contact a K1 visa lawyer from Gallardo Immigration Law Firm.

Who can file for a K1 Fiancé Visa?

Individuals who file for a fiancé (e) need to show that:

• They are U.S. citizens
• They intend to marry within 90 days the fiancé (e) enters the country
• Both the fiancé (e) and petitioner are free to marry and previous marriages ended legally by annulment, divorce, or death
• They met in person at least once for the last two years of filing the petition

K1 Visa Requirements

You can qualify for a K1 fiance visa even if you don’t intend to reside permanently in the United States after being married. If you decide to stay in U.S. and apply for a green card then you will have to go through the application process. Immigrants who know in advance they won’t be staying in the country may want to apply for a tourist visa instead. However, you will be denied the green card if you decide to apply for such and you will also be accused of misusing the tourist visa.

Some of the K1 visa process requirements include:

• Expect to marry a United States citizen,
• Meeting your spouse-to-be within the past two years. In some cases this can be waived depending on the foreigner’s ethnic customs or traditions, and also extreme hardship), and
• The person is legally able to marry.

How do Fiance visa lawyers help during the process?

Some K1 visas are often denied or delayed because the applicant didn’t include the required documentation and information. These mistakes can be avoided by hiring a fiance visa lawyer who has experience in these types of cases. At Gallardo Immigration Law we have several immigration lawyers willing to help you bring your fiancé home and get you started on your newlywed life.

Fiance Visa application process

When a U.S. citizen decides to petition their future foreign spouse he or she must go through a legal process in which a number of required documents must be submitted otherwise the marriage cannot take place.

Submitting a visa fiancé(e) petition with the Form I-129F

The form I-129F is totally different from I-129 which is generally used to petition nonimmigrant workers and has a number of supplements. Form I-129F has nothing to do with form I-129. The I-129F form is used for both the K1 visa for the fiancé and the k3 visa for the spouse although the form title says fiancé. This is because K3 visa was created after and the form was modified for married couples. Applicants who submit their application at a USCIS Lockbox facility can elect to receive an e-mail or text message to notify the applicant when the application as received. Our lawyers can make sure the process goes as quickly and smoothly as possible given the bureaucracy you’re dealing with.

Steps to follow once the K1 visa is approved

Once the K1 visa petition has been approved, the petition is sent to the national Visa Center and then to U.S. Embassy or Consulate where it will be processed and a letter or e-mail sent to your fiancé explaining the case is ready for consular processing. As part of the process, the fiancé is sent a K-1 visa application package with some instructions, including:

• The date and time the visa interview will take place;
• Where to take the medical exam;
• Additional information such as photos, and proofs of relationships will also be requested;
• Requesting other documents including passport or birth certificate.

Preparing for the Fiancé Visa Interview and entering the U.S.

Preparing for the visa interview at the U.S. consulate in the fiance’s home country it’s very crucial. The consulate will send instructions to the overseas fiancé. The fiancé will be asked to fill out some forms and either mail them or bring them on the day of the interview.

The consulate will request a security clearance from all places the applicant has lived since he or she was 16 years old. The consulate typically asks a government office to check if the person has any police records. If the records come back clean, the process will then move forward. If there are any criminal records, make sure to contact a U.S. immigration attorney to help you with the K1 visa process.

The fiancé can then prepare for the oral part of the interview by reviewing all the paperwork submitted and spending some time with the fiancé to review the facts surrounding the relationship. They will have to explain plans for the wedding and plans after they get married. This is necessary in order to prove that the marriage is not a fraud to obtain a green card.

The immigrant should receive the visa within days or weeks of the interview. After the interview, the consulate will handle all the required documents in a sealed envelope. This envelop must be presented to a U.S. border official who will examine the contents and ask a few questions. The officer will also search the person and bags. If it all goes well, your passport will be stamped with your K-1 fiancé status and will provide you with a card that will show the K-1 visa 90-day duration period.

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What is the average wait of a K1 visa timeline?

The whole process from the time the petition is filled until the file is transferred to the United States consulate generally takes about 6 months. The approval of the I-129F takes about five months. This visa does not work like other visas and it doesn’t allow the applicant to pay extra money in order to speed up the K1 visa process. The United States consulate or embassy takes about 2 to 3 months to process the visa, depending on how many visa applicants they are dealing with.

Requesting the Green Card once you are in the U.S.

Once the immigrant is in the United States, he or she must first apply to the United States Citizenship (USCIS) in order to become a Permanent Resident and adjust status. Those who get married outside the United States or leave the U.S. after marriage should be informed about a few things before they travel. A fiance visa lawyer from Gallardo Law Firm can advise you what to do in such cases.

First, you will need to complete a citizenship application on USCIS Form N-400 and send it with the required documentation and fee. After the application has been filed the applicant will probably wait several months depending on the local USCIS office. Then the applicant will be called for a fingerprint and interview appointment. Following the appointment your language ability will be tested and your knowledge of U.S. history and government. If everything goes well, congrats! You will then have an appointment for your swearing-in ceremony, becoming a citizen, and receiving the certificate of naturalization to be able to prove it. Those seeking to naturalize can contact our lawyers.

 

Questions and Answers about Fiance (k1) Visa

What are some of the common reasons for a K1 Visa denial?

Among the most common issues that may lead to a denial are:

• Documents missing or wrong paperwork.
• United States citizen spouse can’t prove sufficient income, according to the US Government Poverty Guidelines.
• Major age difference.
• The couple is unable to communicate in a shared language.
• Not enough time spent together.
• Fraud is suspected.
• The presence of criminal records.
• Fiancée has a severe and transmissible illness.
• Fraudulent documents filed.

What happens if we do not get married within the 90 days period?

The Fiancé (e) status will expire after 90 days and it cannot be extended. After the 90 days period, your fiancé (e) should leave the U.S. if you don’t get married for any reason. If the fiancé(e) does not depart, there will be a violation of U.S. immigration law which may result in deportation or removal and it could also affect future eligibility for any U.S. immigration affairs.

Should I include all of my Fiance’s children in the K visa petition?

All children of a K-1 beneficiary must be included on the visa petition according to the USCIS guidelines. When the beneficiary has a child who is not listed in the petition, the action or petition is suspended and returned to the USCIS for reevaluation.

Can I cancel the petition if I decide not to get married?

A written request must be sent to the Embassy in order to ask for the withdrawal of the petition. Such a statement should be notarized in order to confirm to the USCIS that you are personally asking for the petition to be withdrawn..

What forms need to be submitted in order to adjust status?

Form I-130 (Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa) and Form I-485 (Application to Register Permanent Residence or Adjust Status) must be submitted by you and your spouse, besides the necessary supporting documentation.

Can these forms be submitted before getting married?

These forms required to apply for the adjustment of status cannot be submitted until after you are married. You can obtain them and begin completing them though. You can also start gathering the required supporting documents.

Is it possible to work while I’m in Adjustment of Status?

This is only possible if you get a USCIS authorization. Submitting forms such as I-765 while your adjustment is pending is strongly recommended by the ISSS. When the USCIS sends you the Employment Authorization Document (EAD), you will be authorized to work in U.S.

Are you in need of a Fiance Visa lawyer?

Our dedicated Fiance Visa lawyers are committed to reuniting couples and can streamline the process for you. Schedule an appointment today and let us handle your Fiance Visa application.

 

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