While many Fiancé Visas are granted without problems, we don’t recommend that you start the petition process without at least speaking with one of our immigration attorneys.
Part of your petition and application process is proving that you and your fiancé are actually happily engaged. Unfortunately, this type of Visa is often abused making it a little more difficult for legitimate couples to prove their sincerity. Our qualified lawyers can help you to prepare the most convincing case possible, as well as plan for the all-important interview step.
Even if you’re the most affectionate and endearing of couples, you can never be too careful with the USCIS Fiancé Visa petition process. A consultation with our attorneys can prepare you for every step of the process and ensure that your case is solid.
Fiancé or K-1 visas Overview
Fiancé or K-1 visas are for fiancés of American citizens. These visas are filed by the U.S. citizen on behalf of the person they intend to marry.
The relevant petition is Form I-129F, Petition for Alien Fiancé. There are certain conditions that you must follow to obtain the visa:
- Be a U.S. citizen when filing the petition
- Show an intent to marry the person within 90 days of your fiancé’s entry into the U.S.
- Demonstrate that there are no divorces pending or that any prior marriages have been legally and validly terminated
- You personally met your fiancé on a least one occasion within two years of filing the petition or that a meeting would have imposed or resulted in an extreme hardship to you or the established customs of your or your fiancé’s social practice
At the U.S. consular’s office in the country from where your fiancé is departing, he/she needs to file various forms that the consular officer will inform you about. Your fiancé will also have to obtain a medical examination, and an interview will be scheduled for your fiancé.
The K-1 visa allows your fiancé to enter the U.S. for 90 days for the purpose of marrying you. After the marriage, your fiancé can apply for permanent residency. Should your fiancé have a child under the age of 21, you can obtain a K-2 visa for the child by including the child on the I-129F Petition.
Your fiancé can also apply for an EAD or employment authorization document by filing Form I-765 that is valid for the 90-day period. The EAD can be extended with Form I-485 when your fiancé applies for permanent residency.
Should you think that your wedding cannot or will not take place within the 90 days after your fiancé enters the country, then he or she must make plans to depart. The immigration service does not grant extensions for K-1 visas. After your fiancé is out of the country, you may apply again. Otherwise, your fiancé is likely violating U.S. immigration laws by remaining in the U.S. without marrying before the 90 day period has expired. He or she may be placed in removal proceedings, which can seriously delay or affect your fiancés eligibility to reenter the U.S.
Contact an immigration attorney who can assist you with all of your immigration concerns. Click here to schedule a consultation with our office.