What is a K1 Visa?

What Is A Fiancé Visa?

Getting married usually involves meeting the right person, falling in love, and then making plans to wed and spend the rest of your life together. Things get a little trickier with the last part of that process when one of the individuals is from a country outside of the United States. With more and more people traveling abroad for work, the number of people who find themselves in this position is on the rise. While the movies would paint this process as being easily solved by simply getting married in the U.S., there is a little more involved than just that.

It stands to reason that the person that is engaged to the U.S. citizen would want to spend the rest of their life in this country. Before that can happen, though, they need to first apply for a K-1 visa, which is sometimes referred to as the fiancé visa. The visa is considered to be a non-immigrant visa and is good for 90 days, during which time the individual holding the visa must marry the U.S. citizen they are engaged to. If they fail to make that happen within the 90 day period, they will need to go back to their home country. (However, if this is your situation it is VERY important that you talk to an Immigration Attorney immediately in order to review your options.)

The fiancé visa is important in many ways beyond just allowing an individual legal access into the U.S. to marry. It is basically considered to be the first step in the permanent resident process, which of course means getting a green card and the right to live and work in the United States. The K-1 process begins with the filing of an I-129F form, which is forwarded to the consulate situated nearest to where the overseas fiancé lives. The couple are asked to submit proof of their relationship, and will also be asked questions that will help verify that.

If the consular officer handling the case deems that the relationship is indeed real, the K-1 visa will be issued. It is usually an adhesive label bearing the name of the individual, which is then affixed to a page in that person’s passport. He or she then has six month from the date of issue to take a single trip to the United States. It is at this point that the 90 day period begins and when the couple should make plans to marry.

Be sure to visit our fiance visa page of our website  for much more information about the K1 fiancé visa process.

 

Lawrence Gruner is a fiancé visa attorney and a fiancé visa lawyer with almost 20 years of experience handling fiancé visa cases.  He is an Immigration Lawyer who handles cases all over the World. He would be happy to answer your questions about fiancé visas or about other immigration cases.  He may be reached at 888-801-6558.  This article is titled: What is a K1 Visa?

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

Financial Requirements For a Fiance Visa

Applying for a visa usually always means having to be able to deliver proof of all types of different things such as citizenship and marriage status. Form I-34, or the K-1 Fiance Visa, is one of the few that puts the emphasis on the financial well-being of the applicant. While the K-1 is essentially a non-immigrant visa with a 90-day limit, it is a little further reaching in that it allows the holder to come into the country for the purposes of marriage and the opportunity to then apply for a green card. As such, the applicant has to establish that they have the financial wherewithal to look after themselves for a period of 90 days and beyond.

It is here where things can get rather tricky, as there is no set financial amount required, with the numbers and requirements varying between consulates. While some will demand that the visa applicant show that they have enough money to completely financially support their spouse at or above the poverty level, others will simply look the applicant over.  They will be trying to determine if  that the applicant looks young and healthy enough to be able actively work when given the opportunity. One thing to keep in mind when offering up your financial status is that questions regarding the amounts given may come in in the green card interview at a later date. If you are presenting figures, make sure that they can be confirmed when asked.

If the consulate that you are submitting the K-1 Fiance Visa to is on the stricter side of the financial coin, there are a few documents you may need to provide when applying. The most frequently asked for is generally a copy of your most recently filed income tax return. That is often enough to satisfy most consulates, but there are some that will ask for a letter from your financial institution that confirms all of your accounts, or perhaps even a letter from your employer that proves you are indeed gainfully employed.

Should there still be an issue and the consulate is dissatisfied with your financial position, you can ask a friend or family member to serve as a joint sponsor. The joint sponsor should be made aware that an inability of the main applicant to provide full support may end up meaning that they are saddled with 100% of the financial responsibility. If the join sponsor you choose is aware of this and is comfortable with that potential issue, they may then sign a separate Affidavit of Support on Form I-134, which will have to be attached with the original visa application.

As is the case with any type of visa application, you need to make sure that all questions have been fully answered and documents provided. Failure to do either of those may well result in the application process becoming delayed. Check with the consulate in your area for complete details of the financial requirements needed when applying for a Fiance Visa.

Make sure you visit our fiancé visa page of our website.  We have much more information about all aspects of the fiancé visa process.

Lawrence Gruner is an Immigration Attorney, a fiancé visa attorney and a green card attorney.  He handles cases all over the World.  He would happy to talk to you about your case, free of charge, and help you determine if you qualify for a fiancé visa.  He may be reached at 888-801-6558.

 

 

 

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

Are Immigrants Taking Our Jobs?

Are Immigrants taking our jobs?

No. Not according to the excellent book titled Average is over: Powering America beyond the age of the great stagnation by Tyler Cowen.

In the book the author says:  “It’s also hard to find serious evidence that immigration has hurt American wages in a significant way.  Harvard professor George Borjas, a leading critic of our current immigration policies, has presented evidence that immigrants have lowered the wages of high school dropouts, in the long run, by 4.8 percent. But the wages of many other Americans have risen and some major groups, such as the college educated, have suffered a long-run loss of 0.5 percent in wages, which is close to no effect at all.  And that’s what the major immigration critic finds.  Other estimates of the effects of immigration are considerably more positive in terms of effect on American wages.

Papers by Giovanni Peri, among many others suggesting that immigration boosts real wages for most American workers, look at the wages of immigrants across different American cities.  The low wages show up in the places that don’t attract many immigrants, such as the industrial heartland in the Midwest, a lot of the biggest wage gains come in places that do attract a lot of immigrants such as the coasts. (This positive correlation between immigration and wages seems to hold up even if we adjust for confusing factors such as the fact that the more rapidly growing cities will attract a greater number of immigrants.)  When it comes to wage stagnation, immigration is at most a minor contributing factor.”

Basically, although we are having financial issues in this country, immigrants are helping, not hurting, our country financially.

 

Lawrence Gruner is an immigration attorney, a fiancé visa attorney and a green card attorney with almost 20 years experience handling Immigration cases.  He would be happy to talk to you about your Immigration issues. He may be reached at 888-801-6558

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

I came to the U.S. on a fiancée visa can I marry someone else?

I came to the U.S. on a fiancée visa can I marry someone else?
A K1 fiancé visa is given to a foreign national for the purpose of entering the U.S. and marrying the U.S citizen who petitioned them. You have to get married within 90 days of entry to the person who filed for your visa. After you get married you apply for adjustment of status in order to obtain your green card in the United States.  In the alternative you may leave the United States and file for your green card in your home country. (This is not generally done.  The vast majority of people apply for their green cards in the United States.  If you are thinking about doing this you need to realize that there will likely be a significant wait time in your home country for your green card.  Please speak to an Immigration Attorney prior to leaving the United States)
If you decide to marry a different U.S. Citizen during the 90 day period you will not be able to obtain your green card through the new U.S. Citizen while you are in the United States on your fiancé visa. In this case it is extremely important that you consult with an experienced Immigration Attorney as soon as possible.
Most people think that  marriage to a U.S. citizen will automatically take care of their immigration problems. That is not the case and someone who comes to the U.S.A. on a K1 fiancé visa and then doesn’t get married to the original petitioner of the Visa cannot request a change to another Visa status.  If this is your situation you can apply for another visa but only after you leave the U.S. You do not want to be in the United States unlawfully, especially for 180 days as this would subject you to a 3 year bar from re-entering the United States. If you overstay your visa by more than one year then you could be barred from entering  for 10 years.
Once you leave the U.S., you can always return on another visa or, if your situation warrants it, a green card.. This Visa could be a Fiancé visa filed by your current Fiancé  or you could also apply for a marriage based immigrant visa if you marry a US Citizen or Lawful Permanent Resident. Be sure to speak to an experienced Immigration Attorney at the first sign of trouble with your fiancé visa. An experienced Immigration Attorney can guide you through the nuances of the K1 fiancé visa process.
Immigration laws can and do change.  As this area of law can be tricky and you can suffer long-term consequences, you should always consult with an experienced Immigration Attorney about your specific situation.
Lawrence Gruner is an immigration attorney a green card attorney and a fiancé visa attorney with almost 20 years of experience handling fiancé visa cases.  He would be happy to consult with you about your fiancé visa case.  His office handles cases Worldwide. He may be reached at 888-801-6558.

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

Can I File For a Fiance Visa if my Divorce is Not Final?

Can I File For A K1 Fiancé Visa If My Divorce Is Not

Final?

Your divorce has to be final before you apply for a fiancé visa.  You cannot file a fiancé petition while your divorce is pending, your divorce has to be final.  There are no exceptions to this requirement. To  obtain a fiancé visa  both the parties are required to be legally free to marry. Documentary proof of the end of prior marriages (divorce, death certificates) are required to be filed with the initial application.
The basic requirements for obtaining a fiancé visa are as follows:
· You are a US citizen.
· You have met your fiancé in person during the last two years.
· You and your fiancé, both are legally free to marry.
· You and your fiancé both sincerely intend to marry within 90 days of your fiancé’s arrival in the United States.
· You can meet the minimum income requirement to support your fiancé in the United States.
There are additional requirement for petitioners who have committed certain crimes or filed for other fiances in the past. If you have filed in the past or have a criminal record you absolutely need to speak with an experience immigration lawyer before filing your application.
Lawrence Gruner is an immigration attorney, a fiancé visa attorney and fiancé visa lawyer.  He would be happy to consult with you about your fiancé visa case.  He may be reached at 888-801-6558.  His office handles fiancé visa cases world wide.

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

How Can I Bring My Fiance to the USA?

How Can I Bring My Fiance to the USA

 

This article will discuss the question I am often asked: How can I bring my fiancé to the USA.  It will discuss what is a fiancé, what is a K-1 Visa, the basic requirements of a K-1 visa, the process of obtaining a k1 visa, the costs, and how long you should expect to wait for the k1 visa.

What is a Fiancé(e)?

 

A foreign citizen fiancé(e) of the US citizen is the recipient of an approved petition for Alien fiancé(e), Form I-129F under US immigration law. This person is issued a non-immigrant K-1 visa for travel to the US to marry his or her US citizen fiancé. Both persons should have been legally free to marry at the time of filing petition and the marriage should be legally possible under the laws of the US state where the marriage will take place. In general, the fiancé and the US citizen sponsor must have met in person within the past two years.

 

What is K-1 Visa?

 

K-1 Visa is that visa that you require if you are residing in a foreign country and want to marry your fiancé whose living in the US. This visa allows the foreign citizen fiancé to travel to the United States and get married to the US citizen sponsor within 90 days of arrival. Because the fiancé visa permits the holder to travel to the US and get married within some time of their arrival, there are certain requirements that have to be fulfilled. After getting the fiancé visa, the holder can apply for updating the status to permanent resident (LPR). Eligible children of K-1 visa applicants are given K-2 visas.

 

Basic requirements:

 

There are some requirements that have to be fulfilled before you apply for the K-1 visa. These are mentioned below:

  • You are a US citizen

 

 

 

  • You and your fiancé both sincerely intend to marry within 90 days of your fiancé’s arrival in the United States.

 

  • You can meet the minimum income requirement of K-1 visa

 

Process of obtaining the Visa

 

There are several steps to follow before you can obtain a K-1 visa for your fiancé. These are discussed in detail below:

 

 

 

First step: Filing the Petition

 

  • The US citizen sponsor must fill form no. I-129F, Petition for Alien Fiancé with the USCIS office that serves the area where you live.  In addition to the personal information of the foreign fiancé, the personal information of the fiancé’s children needs to be listed.  You must check Petition for Alien Fiancé for knowing where to file the petition. Also, the form I-129F cannot be filled at a US embassy, Consulate or USCIS office abroad.

 

  • Once you get the approval, the USCIS will forward your petition to the National Visa Center (NVC). NVC then gives a case number and forwards your petition to the US embassy or Consulate of your Fiancé’s country.

 

Second step: Applying for a Visa

 

  • The NVC will send you a letter when it sends your fiancé’s case to the US embassy or Consulate. Once you receive the letter, you must inform your fiancé to take the actions mentioned below and start preparing for the interview.

 

  • Eligible children of K-1 visa applicants can apply for K-2 visa and each K visa applicant must submit a separate fee for the same.

 

Required Documentation

 

The foreign citizen fiancé are required to bring the following documents for the visa interview:

 

  • Complete form DS-160

Your fiancé and her children must fill in the form DS-160 completely for K1/K2 visa. You must fill the online application form and get a printout of it for the visa interview.

 

  • A valid passport intended for travel to the United Stated with a validity date of at least six months beyond your intended period of stay in the US.

 

  • Divorce or death certificate of any previous spouse(s) for both you and the US citizen sponsor.

 

  • Medical examinations (optional vaccinations)

 

  • Police certificates from your present country of residence or any other country where you have lived for more than 6months or more since age 16. Police certificates ate also required for age 16 or older accompanying children.

 

  • Evidence of financial support (Form I-134, Affidavit of Support may be requested).

 

  • Two (2) 2×2 photographs with the required photo format mentioned in the Photo requirements.

 

  • Evidence of relation with your US citizen fiancé

 

  • Payment of fees, as explained below

 

It is important to note that documents in other foreign languages must be translated. The Consular Office could ask for additional information like photographs and other proofs to ensure that the relationship with your US citizen fiancé is genuine. Also, the applicants are required to take clear and legible civil documents like divorce and death certificates to the interview. The original certificates are always returned.

 

Moreover, during the interview, ink-free digital fingerprint scans will be taken. Some visa applicants require further administrative processing which can take more time after the visa applicant’s interview at Consular Office.

 

Medical Examination and Vaccination Requirements

 

Before the issuance of an immigrant or K visa, each applicant, regardless of age must go through a medical examination, performed by an authorized panel physician. You will be provided information regarding medical examination and authorized panel physicians at the US embassy or the Consulate where you will apply for the visa. The complete medical examination must be scheduled before the interview date.

 

K visa applicants are encouraged to get vaccinations required under US immigration law for immigrant visa applications. Although such vaccinations are not required for K visa issuance, they will be required when you update your status to a permanent resident after your marriage. Applicants are therefore, encouraged to get these vaccinations at the time of medical examination.

 

Proof of Financial Support and Affidavit of Support Forms

 

At the time of visa interview, the applicant will be required to present evident to the Consular Office that they will not become a public charge in the United States. You must show evidence that you are able to financially support yourself or your US citizen fiancé will provide support. The Consular Office will require your US citizen fiancé to submit Form I-134 or Affidavit of Support.

 

(Note: The US citizen fiancé will be required to submit form I-864 to the USCIS along with the application for adjustment of status to that of legal permanent resident (LPR) after the marriage in the United States.)

 

How much is the cost of a K visa?

 

Fees for the K visa are charged for the following services:

 

  • Filling an Alien Fiancé Petition, Form I-129F

 

  • Non-immigrant visa application processing fee, Form DS-160 (required for each K visa applicant)

 

  • Medical examination (required for each K visa applicant)

 

  • Other costs include fees for getting documents required for visa application like police certificates, passport, translation and photocopying charges and travel expenses to US Embassy or Consulate for interview. Costs may vary from country to country.

 

  • Filing Form I-485, Application to Register Permanent Residence or to Adjust Status.

 

How long will it take to get K visa?

 

For Form I-129F, Petition for Alien Fiancé, you can visit the USCIS website to check the status of your petition.

 

Once your application has been received by the US Embassy or Consulate that will process it, the length of time varies from case to case depending on your circumstances. Some cases get delayed because the applicants don’t follow instructions strictly or provide incomplete information. It is essential to provide the correct postal address and telephone numbers. Some applications also take additional processing which adds to the time duration after the interview by the Consular Office.

 

In certain cases there could be a delay or prevention of issuance of K-1 fiancé visa. This is listed below in the order that they seem to occur:

  • Failure to convince the Consular Office that a bona fide relationship exists between the couple
  • Missing documents
  • Incomplete documents
  • Documents completed incorrectly
  • Inadequate English skills of fiancé
  • US citizen cannot meet the minimum income requirement
  • Large age difference between the US citizen and the fiancé

 

All the above, except no.7, can be avoided by hiring an immigration law firm with the experience that they have in handling such situations. Number 7 can be more of a problem with some Consulates than the others, but preparing your fiancé well for interview can adequately reduce the risk of denial due to age difference.

 

After you receive a K-1 Fiancé visa

 

If you are issued a K-1 visa, the Consular Office will give you your passport with the K-1 visa and a sealed packet contacting the civil documents you provided along with other documents prepared by the US embassy or Consulate. It is important to note that you should not open the sealed packet, it is meant to be opened by the DHS immigration official when you enter the United States. As the K1 visa holder, you must enter US at the same time or before qualifying children holding K 2 visas.

 

You must marry your US citizen fiancé within 90 days of arrival in the United States. With your visa, you can apply for a single admission at a US port of entry, which will be a maximum of 6 months from the date of issuance.

 

Does the US citizen fiancé need to file separate petitions for his/her children?

 

No. Your eligible children may apply for K-2 visas based on the approval of form I-129F, Petition for Alien Fiancé, which was filed by your US citizen fiancé on your behalf, but your US citizen fiancé must list the number of children on the petition. Separate visa applications must be filled for K2 visa applicants and each applicant should pay separate fee.

 

After your marriage, your children are required to separately file for adjustment of status to a legal permanent resident. They cannot be included in the same application, as you have filed. More information regarding the application for adjustment of status to a legal permanent resident can be found on the USCIS website.

 

The important thing to take a note of here is that a child must be unmarried under the US immigration law. In most cases, the K-2 visa holders must be under 21 years of age in order to adjust status following the marriage to your US citizen spouse. You can check the USCIS website for more information.

 

Entering the United States: Port of Entry

A visa allows a foreign citizen to travel to the US port of entry and ask for permission to enter the United States. The authority to permit or deny rests with the US Customs and Border Protection officials. On entering the port of entry, you should be prepared with your passport containing the visa and the sealed packet of documents to be handed over to the CBP officials. Important information regarding entry requirements should be checked on the CBP website under the section of Travel.

 

Other General Questions

 

  • If your query concerns the status of your case in progress at a US Embassy or Consulate, you should first contact the US Embassy or Consulate handling your case, for any status information. You can select US Embassy or Consulate on the website to have an overview of your application and its progress.

 

  • Also, it is wise to carefully review the website mentioned above before making an enquiry. Often, the answers to questions are easily found on the website under the frequently asked question section. This also enables us to help other applicants and US sponsors who are in need for any sort of assistance. It must be understood that a very large volume of applications are received almost everyday and it is not practical to revert to all of them. Therefore, to make things easy, answers to most of the applicants’ questions is given in the FAQ section that the applicant can review before making an enquiry. This saves time and gives clarity to the applicant as to what the status of his application would be like.

 

  • Visa Services contact information is also given under the “Contact Us” section, just in case you want to reach them over the phone or e-mail.

 

Lawrence Gruner is a fiancé visa attorney  a fiancé visa lawyer  a green card attorney and a green card lawyer with almost 20 years of experience handling simple and complicated fiancé visa cases.  He would be happy to talk to you  about your case. He handles cases throughout the U.S. and the World.  He may be reached at 888-801-6558

 This blog article is meant for general information only.  Laws can and do change.  Please always consult with an experienced immigration attorney before you take any steps to handle an Immigration case.

This article is titled: How Can I Bring My Fiance to the USA.  You may wish to read: 10 Things to know about k1 visas.

 

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US