About the Fiancé(e) (K-1) Visa?
The Fiancé(e) Visa (i.e., K Visa) category offers nonimmigrant visas to immigrant fiancés of U.S. citizens and their accompanying minor children, which permits the immigrant fiancé and their minor children to travel more quickly to the U.S. to marry the U.S. citizen. Upon entering the United States on a K-1 visa, the immigrant fiancé must marry the U.S. citizen within 90 days. Failure to do so may result in a violation of the immigrant fiancé’s temporary visa and may also result in the immigrant fiancé(e) being forced to return back to their home country abroad.
Additionally, when an individual enters the United States on a K-1 visa, they are not permitted to change their status to another visa category. For example, a request to change staus from from K-1 to B-2 will not be approved. The only option to change status from K-1 visa status is to submit an Adjustment of Status application (via Form I-485) in the U.S. based on marriage to the U.S. Citizen who petitioned for the K-1 visa originally.
How To Apply for a Fiancé(e) Visa?
When applying for a Fiancé(e) (K-1) Visa, the following requirements and procedures must be met:
1. File Form I-129F, Petition for Alien Fiancé(e) with the USCIS in the United States. At the time of the application, both the immigrant fiancé and the U.S. citizen must be legally free to marry one another. The purpose of obtaining the K-1 visa should be to allow the immigrant fiancé to enter the United States in order to marry the U.S. citizen.
2. The U.S. citizen and the immigrant fiancé(e) must have met at least once in the past two (2) years. The USCIS may make an exception to this requirement if the couple can prove that (1) there was a financial hardship that prevented the U.S. citizen and immigrant fiancé(e) from meeting one another or (2) that it is against the individual’s culture for the couple to meet prior to marriage.
3. After filing the I-129F, Petition for for Alien Fiancé(e), the USCIS will adjudicate the Fiancé(e) Visa petition, and if approved, the petition will be forwarded to the U.S. Consulate or Embassy in the immigrant fiancé’s home country. The U.S. Consulate or Embassy overseas will then contact the immigrant fiancé(e) and instruct the individual to complete Form DS-160, Application for Non-Immigrant Visa. Subsequently, the U.S. Consulate or Embassy overseas will notify the immigrant fiancé(e) of their visa interview. At this time, the immigrant fiancé(e) may apply for K-2 visas for all eligible children, if necessary.
4. If the interview is successful, the immigrant fiancé(e) will be approved for the K-1 visa and will be permitted to enter the United States to marry the U.S. citizen within 90 days of their arrival.
What Happens Next After Marriage Within the 90-Day Time Frame?
After getting married to the U.S. Citizen within 90 days, the immigrant fiancé(e) can then apply for a green card while in the United States through the Adjustment of Status (AOS) process. The foreign national and their now U.S. citizen spouse will be scheduled for an interview with the USCIS, at which time the couple will be required to prove the legitimacy of their marriage. If the USCIS finds that the foreign national and their U.S. citizen spouse meet all of the requisites, the foreign national should subsequently receive approval of their Adjustment of Status application, and their green card will arrive in the mail within a few weeks.
What Must You Prove to the Immigration Officials in Your Adjustment of Status Application?
Generally speaking, you must prove that you and your spouse entered into a legally valid marriage. You must also prove to the immigration officials that the marriage between yourself and your spouse is bona fide (i.e., real) and was not entered into for the purpose of obtaining a green card or other immigration benefit. The immigration officials will also inquire into other areas of both spouses’ backgrounds, including financial standing, criminal history, education and employment history, and overall health.
How Long Does it Take to Receive Approval for the Green Card?
If all goes well and the Adjustment of Status application was properly prepared and submitted to the USCIS, and the USCIS did not issue a Request for Evidence (RFE), the process can take on average 10 to 13 months from start to finish.
However, keep in mind that the processing times may be shortened or extended based on various factors, such as a change in politics, natural disasters, or additional requests for evidence/information made by the immigration officials.
READY TO GET STARTED?
While it is not mandatory, it is always highly recommended to hire a knowledgeable Immigration Attorney to assist you with the preparation of your immigration application(s). A reputable Immigration Law Firm, such as the Law Office of Olivia C Cummings, will have an experienced attorney review your entire case to determine what process is best for you moving forward. A case review by an Immigration Attorney will help to weed out any possible issues that may arise in an attempt to eliminate the possibility of an application denial, or worse, an immigrant being placed into deportation and removal proceedings.
If you are interested in applying for a Fiancé(e) (K-1) Visa, or if you are on the fence about it and would like to gather additional information, please contact the Law Office of Olivia C Cummings to schedule a detailed and informative consultation with our experienced Attorney. We will guide you through the entire process and answer any questions that you may have.
Contact our office today via phone at (772)236-0148, via email at office@cummingslawpractice.com .
You can also visit our website at www.cummingslawpractice.com.
Attention: This article was written to provide general information, which should not be construed as legal advice. If you are seeking advice on a specific legal matter, you are encouraged to contact our law firm directly and schedule a consultation with our Immigration Attorney for a thorough review of your case.
