FIANCÉ VISA
A K-1 visa can be issued to the foreign fiancé of a U.S. citizen. After he or she enters the U.S., the couple must be married within 90 days. Application Process Overview ⌛️
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The K-1 nonimmigrant visa is intended for the foreign-born fiancé(e) of a U.S. citizen. This visa allows the foreign-born fiancé(e) to come to the United States for the purpose of marrying the U.S. citizen who sponsored them. To avoid removal proceedings, the marriage must take place within 90 days of the fiancé(e)’s arrival in the U.S.
Once the marriage has taken place, the foreign-born spouse can now apply for an adjustment of status to that of permanent resident (LPR). Because the K-1 visa allows the foreign-born fiancé(e) to come to the U.S. and marry his or her sponsor shortly after arriving, the visa holder must satisfy some of the requirements for an immigrant visa. K-2 visas are available to qualifying children of K-1 visa applicants.
Related form: FORM I-129F, Petition for Alien Fiancé(E)
WHO IS ELIGIBLE? (ELIGIBILITY TEST HERE)
As stated earlier, due to the nature of a K-1 visa, its holder must satisfy some of the requirements of an immigrant visa. To be eligible for a K-1 visa, you must:
- Have a U.S. citizen petition for you
- Plan on marrying your petitioner within 90 days of your arrival in the U.S.
- Be free to marry because any and all previous marriages have been ended by annulment, divorce, or death. Your sponsor must satisfy these requirements, as well.
- Have met your sponsor a minimum of 1 time within 2 years of filing your petition, with only two exceptions:
- If the required meeting would desecrate austere and time-honored customs by your social or cultural practice, or
- If your sponsor can show the required meeting would place an undue hardship on him or her.
Marriage Visa vs. Fiancé Visa
| Benefits | 💕 Fiancé Visa | 💍 Marriage Visa (Spouse abroad) |
|---|---|---|
| 👫 Be together in the United States | 🔷 in 7 months | 🔻 10-13 months |
| 💍 Hold your wedding | 🔷 your wedding in the United States | 🔻 wedding outside of the United States |
| 💵 cost-conscious | 🔻 $2,025 in fees for a fiancé (Adjust of Status in U.S) | 🔷 $1,200 in fees for a spouse in U.S. (Green Card via Consular processing) |
| 💯 seeking a Green Card | 🔷 getting the green card about 13 months | 🔷 getting the green card about 13 months |
| 👬 a same-sex couple in a country that does not recognize same-sex marriages | 🔷 impediment to getting married abroad | 🔻 plan to hold your wedding outside of the United States |
| ✈️ make a temporary visit sooner | 🔻 not available | 🔷 the special travel arrangments |
Have you already married your U.S. Citizen Spouse on a K-1 Visa? Ready to Adjust Your Status and Obtain Your Green Card?
If you were admitted into the United States on the basis of a K-1 Visa, and you have already married your spouse (within 90 days of arriving in the U.S.), then you are now able to seek your Green Card directly by filing a Form I-485, Adjustment of Status application. To see if you’re eligible to seek this benefit, please click on the link below:
As stated earlier, due to the nature of a K-1 visa, its holder must satisfy some of the requirements of an immigrant visa. To be eligible for a K-1 visa, you must:
- Have a U.S. citizen petition for you
- Plan on marrying your petitioner within 90 days of your arrival in the U.S.
- Be free to marry because any and all previous marriages have been ended by annulment, divorce, or death. Your sponsor must satisfy these requirements, as well.
- Have met your sponsor a minimum of 1 time within 2 years of filing your petition, with only two exceptions:
- If the required meeting would desecrate austere and time-honored customs by your social or cultural practice, or
- If your sponsor can show the required meeting would place an undue hardship on him or her.
Marriage Visa vs. Fiancé Visa
Have you already married your U.S. Citizen Spouse on a K-1 Visa? Ready to Adjust Your Status and Obtain Your Green Card?
If you were admitted into the United States on the basis of a K-1 Visa, and you have already married your spouse (within 90 days of arriving in the U.S.), then you are now able to seek your Green Card directly by filing a Form I-485, Adjustment of Status application. To see if you’re eligible to seek this benefit, please click on the link below:
What if the bride has children?
A minor child of a bride or groom (unmarried and under the age of 21) automatically has the right to a K-2 visa. If the child’s country of residence is properly addressed, the US government will (with some exceptions) seek the consent of the father or mother of the child. This process can be quite long and it is better to take it into account before the process begins.
What are the requirements for applicants for a “K-1” visa?
A. Potential spouses must confirm that they have met personally for two years prior to filing the petition. B. Their intentions to marry must be fair. C. Voluntary desire to marry within 90 days from the date of arrival in the United States.
How long will it take to allow the bride (groom) to enter the US?
Typically, the process takes about 4-6 months from the date of submission of the petition. In cases where the USCIS requests additional evidence or suspects you of the authenticity of any information from you, the petition can be processed much more time.
What is the process of obtaining a K-1 visa?
Step One: Define the right to receive (you can use our compliance test)
Step Two: Documentation for filing a petition with the Immigration Service
Step Three: Submission of your petition by your Bridegroom or Bride (US citizen) to the USCIS and waiting for approval.
Step Four: If the petition is approved, the immigration service sends a package of documents to the US Embassy.
Step Five: The US Embassy receives an approved petition and sets a date for the interview with the bride or groom (residing abroad).
Step Six: The bride/groom (residing abroad) prepares documentation for the embassy.
Step Seven: The bridegroom/bride (residing abroad) is interviewed by the embassy.
Step Eight: With a successful outcome to the interview, the US Embassy eats an immigrant visa for travel to the United States.
Step Nine: You must marry in the US within 90 days
A detailed overview of obtaining a visa here
What If you met my Fiance online?
The USCIS is not stopping you from dating online, just simply requires the petitioner to confirm that they meet IMBRA (International Marriage Broker Regulation Act) rules. See details here.
Contact Attorney Igor Litvak
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Zontlaw attorneys have provided assistance with the green card process to families throughout the United States. Contact our experienced immigration lawyers in New York City today for creative solutions to your complex immigration problems. The Green Card process is very complicated, so the best chance of success comes from working with an experienced attorney. Our attorneys, translators, and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart-wrenching the process can be, and we will be with you every step of the way.
Your citizenship or your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys toll-free at 1-888-ZONTLAW / 1-888-966-8529.
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