Getting engaged is an occasion to celebrate, but it can quickly become stressful if you and your fiancé are living apart and are facing immigration issues. The process of obtaining a fiancé visa can be overwhelming and confusing, but you do not have to deal with it on your own.
If you are a U.S. citizen and are trying to bring your foreign-citizen fiancé to the United States, the family immigration attorneys at Family Visa can assist you in obtaining a fiancé visa. Contact us today to schedule a free consultation and learn more about how we can help you.
Obtaining a Fiancé Visa
What Is a K-1 Nonimmigrant Visa?
The K-1 nonimmigrant visa (or fiancé visa) allows the foreign-citizen fiancé of a United States citizen to travel to the country to get married. The foreign-citizen fiancé must marry his or her U.S. citizen sponsor (or petitioner) within 90 days of their arrival.
What Is the Process?
The First Step: Petition for Fiancé
You can start the process of obtaining a K-1 visa for your fiancé by filing a Form I-129F, Petition for Alien Fiancé(e). This is filed with the United States Citizenship and Immigration Services (USCIS) and must be sent to the USCIS Service Center that serves the area you are in. Form I-129F cannot be filed from outside of the U.S.
The Second Step: Applying for a Visa
Once the USCIS approves your petition, it will send it to the National Visa Center (NVC). After the NVC processes your Form I-129F, it will provide you with a case number and send the petition to the U.S. embassy or consulate where your fiancé lives.
Now you can apply for a fiancé visa and schedule the K-1 visa interview with the U.S. embassy or consulate. You will also need to complete a medical examination and compile a set of required documents for the interview.
What Are the Eligibility Requirements?
In order to bring your fiancé to the United States under a fiancé visa, you must meet the following requirements:
- You must be a U.S. citizen.
- You must have the intention of marrying your fiancé within 90 days of their arrival to the U.S. on a K-1 visa.
- You and your fiancé must be legally free to get married in the U.S. – meaning any previous marriages have been legally terminated.
- You and your fiancé met each other in person at least once within the two years before you filed your petition. You can have this requirement waived if you can show that this would have violated the customs of your fiancé’s foreign culture or practice or resulted in extreme hardship for you.
How Can a Fiancé Visa Attorney Help You?
The time it takes to get your visa approved can vary from case to case. However, an experienced immigration attorney can help expedite the process by making sure all forms and documents are submitted properly and there are no errors to delay the process.
Having an attorney to help you navigate the process of obtaining a K-1 visa can bring peace of mind to both your fiancé and you.
To learn more about the process for obtaining a fiancé visa, contact Family Visa today.