K-1 Fiancé Visa Lawyer

What Is a K-1 Visa?

The fiance K-1 nonimmigrant visa is for the foreign-citizen fiance of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiance to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiance visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiance must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

What is a fiance?

Under U.S. immigration law, a foreign-citizen fiance of a U.S. citizen is the recipient of an approved Petition for Alien Fiance, Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiance. Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

Filing steps:

1. The U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiance, with the USCIS office that serves the area where the U.S. Citizen lives. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
2. After USCIS approves the petition, it is sent to the National Visa Center (NVC)for processing, and NVC will send it to the U.S. Embassy or Consulate where the fiance will apply for a K-1 nonimmigrant visa.
3. Once the U.S. Embassy or Consulate where the foreign-citizen fiance will apply, receives the petition from NVC, it will provide the foreign-citizen fiance with specific instructions, including where to go for the required medical examination. The foreign citizen fiance will then be called in for an interview at the Consulate for the issuance of a K-3 visa.

 

Required documentation:

The foreign-citizen fiance, (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

• Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate).
• One (1) Nonimmigrant Fiance Visa Application, Form DS-156K
• A passport valid for travel to the United States and with a validity date at least six months beyond the intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
• Birth certificate
• Divorce or death certificate(s) of any previous spouse(s) for both the foreign citizen fiance and the U.S. citizen sponsor
• Police certificates from foreign citizen fiances present country of residence and all countries where he/she has lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
• Medical examination
• Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
• Two (2) 2×2 inch photographs.
• Evidence of relationship with the U.S. citizen fiance
• Payment of visa fees.

Why do I need an attorney

The immigration attorneys at the SGM Law Group have assisted several clients with complex situations and have successfully obtained K-1 visa for foreign citizen fiancés. We take the burden out of preparing and file all the necessary forms with supporting documentation and guide you every step of the way.