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Immigration Lawyer’s Lawyer
Seeking assistance for your Fiancé K-1 Visa?
Our expert support paves the way for your seamless journey.
Unlock the door to your American dream with our comprehensive Fiancé Visa assistance. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining legal residency in the US. Say goodbye to confusion and frustration – with our personalized support, tailored to your unique situation, you'll navigate the adjustment process with confidence. Plus, take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.
The Immigration Lawyer’s Lawyer
Want an immigration attorney for your Fiancé K-1 Visa?
Our legal eagles pave the way for your seamless journey.
Bring your fiance (or come) to the US with our comprehensive Fiancé Visa immigration matter assistance. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining legal residency in the US. Say goodbye to confusion and frustration, get legal strategies tailored to your unique situation and navigate fiance and green card process with confidence. Take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.
What is a K-1 Visa?
The K-1 visa, known as the fiancé (also spelled fiancé or fiancée) visa, is a special visa that grants the fiancé(e) of a U.S. citizen the privilege to enter the United States for the purpose of marrying their U.S. citizen fiancé(e), and later apply for permanent residence in the United States and get their green card. On the K-1 visa, you and your U.S. citizen fiancé(e) must get married within the 90-day validity period. If the marriage does not happen within the 90-day validity period, or if the engagement is broken before the marriage, the foreign fiancé(e) will need to leave the United States.
This visa facilitates the union of couples separated by international borders, providing a pathway for the foreign fiancé(e) to join their partner in the US and initiate the process of obtaining lawful permanent residency.
The fiancé visa process is full of government gotchas and complexity which can get your case denied or at the very least derailed by months if you miss criticical details. Schedule a strategy call with our fiancé(e) visa immigration attorney and avoid costly experimentation. Failing to file or respond to the government properly can get your case rejected, delayed - often by years, or worse, denied after a long wait period.
Who is Eligible for a K-1 Visa?
Much like the majority of immigration processes with visas, a K-1 visa has a set of strict eligibility requirements. These regulations are determined by the U.S. government and are enforced by USCIS (U.S. Citizenship and Immigration Services). Note that each situation is unique, and you may need to hire an immigration attorney to assist you with your immigration process. Here are the basic requirements you and your fiancé(e) must meet to be eligible for a K-1 visa:
The sponsoring fiancé(e) must be a U.S. citizen. Green card holders are not eligible to sponsor for a K-1 visa.
Your foreign national fiancé(e) is not inadmissible: If you are inadmissible, you are not permitted by law to enter or remain in the United States, even if otherwise you may qualify or the embassy may wish to approve your case. The factors that deem someone inadmissible is dependent on the nature of the offense including (but not limited to) you having a communicable disease, any past visa denial or overstays as well as criminal offenses. Inadmissibility is a complex area of law that is beyond the scope of this article.
You and your fiancé(e) must be legally able to marry: Divorce papers, death certificates, and other relevant documents affirming the termination of previous marriages should have been finalized.
You must be able to prove the legitimacy of your relationship: Proving the legitimacy of your relationship is maybe the most complex area of a fiancé(e) visa case and the evidence will need to be fine-combed rigorously to avoid denials. Some evidence that may be helpful are things like photos, itineraries, and written testimonials from friends and family.
You and your fiancé(e) must prove your intent to marry within 90 days of your entry.
You and your fiancé(e) must prove at least one personal meeting in the two years leading up to your visa application: This requirement may be waived if you could not meet it due to extreme hardship as a result of financial difficulties, medical issues, political conditions, or religious or cultural norms. If you rely on this exception, prepare to provide evidence proving the basis of the extreme hardship.
Eligibility requirements for K-1 Visa:
Both Parties Must Be Eligible: The US petitioner must be a citizen, not just a permanent resident, and both parties must be legally free to marry (unmarried, divorced, or widowed).
Intent to Marry: The couple must have a genuine intention to marry each other within 90 days of the foreign fiancé(e)'s entry into the United States.
Meet in Person: The couple must have met in person at least once within the two years preceding the filing of the petition, unless meeting in person would violate cultural or religious customs or cause extreme hardship.
Financial Support: The US petitioner must demonstrate the ability to financially support the foreign fiancé(e) once they arrive in the US, typically by meeting minimum income requirements or providing evidence of assets.
Criminal History: Both parties must have a clean enough criminal record and the foreign national must admissible to the United States. Certain criminal convictions or immigration violations may render the foreign fiancé(e) inadmissible.
Medical Examination: The foreign fiancé(e) must undergo a medical examination by an approved physician to ensure they meet health requirements for entry into the US.
What are the Benefits of a K-1 Visa?
Some of the benefits include:
You become eligible to adjust your status in the United States.
As long as you and your U.S. citizen fiancé(e) get married to each other within the 90-day validity period of the K-1 visa, you are able to apply for an adjustment of status to become a lawful permanent resident of the U.S. and receive your green card. The entire adjustment of status process is done within the United States.
You are able to apply for work authorization
Upon approval, the applicant receives lawful permanent resident status, granting them the right to live and work in the US indefinitely. This status provides stability and opens up various opportunities for education, employment, and benefits.
No Need to Leave the US
By filling the Application for Employment Authorization, you are allowed to apply for work authorization immediately upon entering the U.S. on your K-1 visa. If you apply for work authorization before getting married, then the work authorization will expire 90 days after you enter the United States. Additionally, you also may be eligible to apply for work authorization when you apply for your adjustment of status after getting married to your U.S. citizen fiancé(e).
Your children can receive immigration benefits
If your child is a dependent minor (unmarried and under the age of 21), they may qualify for a K-2 visa to join you in the United States. Once you marry your U.S. citizen fiancé(e), your children on their K-2 visas may also apply for an adjustment of status to get their green card.
Is the K-1 Visa right for me?
Depending on your situation such as where you live, how long you can wait to be together, and other varying circumstances, it may make sense to apply for the K-1 visa process.
Generally, getting a K-1 fiancé(e) visa will make more sense if…
You want to be together in the U.S. as soon as possible: Typically, you will need to wait 3-18 months for a fiancé(e), and 12-24 months for a spouse.
You wish to have your wedding in the United States.
You are unable to get married abroad. An example of this is a same-sex couple where one fiancé(e) lives in a country that forbids same-sex marriage.
Frequently Asked Questions
Do you have to be engaged to apply for a K-1 fiancé(e) visa?
No.
Can I extend the K-1 Visa beyond the original four-month validity?
Yes, if the petition expires before visa processing is completed. Provided that the consular officer determines that the sponsor and beneficiary are legally free to marry and continue to intend to marry each other within the 90-day validity period, a K-1 visa petition can be revalidated any number of times for an additional period of 4 months.
What is the difference between the K-1 visa and the K-3 visa?
The K-1 visa is reserved for the fiancé(e) of a U.S. citizen, while the K-3 visa is reserved for the spouse of a U.S. citizen.
Can the foreign fiancé(e) work in another country while in process of K-1 visa? If so, for how long?
Yes, the foreign fiancé(e) may work in their country of residence for as long as they wish until they are called for their K-1 visa interview.
How does IMBRA affect my case?
It depends. If you both met through a marriage broker, you will need to review your situation before proceeding with the application process.
How much money do I need to invite my fiancé(e) to the U.S.?
It depends on a number of factors such as your state, number of people in the household etc.
Fiancé(e) Visa Children. Should I include all of my foreign fiancé(e)’s children in the visa petition?
Yes, all children of a K-1 visa beneficiary must be listed on the visa petition. If the beneficiary has a child not indicated in the petition, the petition will be returned to USCIS for reconsideration.
What if my fiancé(e) is pregnant and this is not disclosed on the approved fiancé(e) visa petition?
As long as the consular officer receives a statement indicating an acknowledgment of the pregnancy and the desire to proceed with the marriage, the visa processing can continue.
Do children receiving K-2 visas have to travel to the U.S. at the same time as the K-1 beneficiary?
No, they do not have to travel with the K-1 beneficiary. Eligible dependent children can travel to the U.S. on a K-2 visa within a year of the K-1 visa being issued to the beneficiary. If the dependent children seek to enter the U.S. after one year of the K-1 visa being issued to the beneficiary, an immigrant visa petition must be filed for each child.
If I decide not to get married to my fiancé(e), can I cancel the petition?
Yes, you can, though it is important to discuss with an attorney because issues may come up.
How long after we are married can the foreign fiancé(e) leave and return to the U.S.?
You must stay in the US for the green card process, unless you have a travel document. After marriage, you must apply for green card.
If a K-1 visa is granted, can the foreign fiancé(e) travel to the U.S. on a vacation visa first and then travel on the K-1 visa at a later time?
Yes, the foreign fiancé(e) is allowed to have more than one visa. However, they can only hold one status while in the United States.
If my foreign fiancé(e) entered the U.S. on a K-1 visa but had to leave before we got married, how can my fiancé(e) get a new K-1 visa?
K-1 visas are only valid for a single entry. However, the consular officer can issue a new K-1 visa provided that the period of validity does not exceed the 90th day after the date of the initial admission on the original K-1 visa and provided that the sponsor and beneficiary are legally free to marry and continue to intend to marry each other. Unless an arrangement was made with USCIS prior to your fiancé(e)’s departure, you will need to start the K-1 visa process again after the 90th day.
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This website and our general online presence contains general information about Alien Attorney (a Pandeli Law brand) and is not intended to serve as a source of legal advice for any purpose. Neither receipt of information presented on this site nor any email or other electronic communication sent to Alien Attorney or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Alien Attorney expressly disclaims liability with respect to actions taken or not taken based on the contents of this site. Prior results do not guarantee a similar outcome.
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