The K-1 Visa, affectionately known as the “fiancée / fiance visa,” allows a U.S. citizen to bring their fiancée to the United States in order to get married. If you’re looking for a K-1 visa, you’ve come to the right place. First let’s ensure your case qualifies.
There are several basic requirements applicants need to meet in order to apply for a K-1 visa for a fiancée:
The petitioner needs to be a U.S. citizen;
Both parties must have met or seen each other in person in the past 2 years;
You and your fiancé must both be legally able to marry;
You must meet minimum financial requirements; and
Both parties should have serious intentions to get married within 90 days of your fiancée’s arrival to the United States!
Interested in a K-1 for your fiancée?
The K-1 visa process is involved. It will likely take over 8 months to go through all 3 stages of the process. Our law offices specialize in simplifying the process and we will ensure that the case can be completed in as short a time as possible.
After confirming eligibility, we’ll begin the K-1 fiance visa process immediately!
First, we’ll file the proper paperwork with the USCIS here in the United States.
After approval, your case will be sent to the NVC. More paperwork will need to be filed at this level
The case will then be forwarded to the appropriate U.S embassy or consulate. Your fiance will then fill out some additional paperwork, undergo a medical exam, and have his or her interview.
At this point, assuming everything was done properly, the K-1 visa can be granted. Process times will vary but you can contact us for an estimate as to what the length of time will be in your particular case.
After your fiancée arrives, you’ll have 90 days to legally marry and then apply for a Green Card with the USCIS (the United States Citizenship & Immigration Service). Both must be done within 90 days.
Considering alternatives to the K-1 visa?
Occasionally people see the requirements or the steps involved in the visa process and consider whether it might be easier to have their partner come on a tourist visa and simply marry later.
We advise against this as it is visa fraud and can have very serious consequences.
Obtaining a tourist visa can also prove exceptionally difficult, especially for young and/or single women, because of the high risk of “sham marriages,” where girls and women marry specifically to gain a U.S. Green Card.
If your fiancé is issued a tourist visa, a marriage generally raises red flags for the USCIS and may provoke an investigation into whether she had the intent to marry you when she first arrived. If they find the circumstances suspicious, they may accuse her of misrepresentation or visa fraud. This can result in denial of her Green Card as well as deportation proceedings.
Attempting to circumvent the system comes with some serious risks. There are entire divisions of government employees who train and work specifically to identify and prevent these workarounds. If you’re serious about marriage, we strongly recommend that you go about it safely and by the book.
Some people also consider the CR-1 marriage visa. This involves marrying your fiance in his or her home country, then applying for a CR-1 visa to bring her to the United States as your spouse.
This is possible, but in most cases, the CR-1 actually ends up being the more time-consuming option for two main reasons:
You can only apply for the CR-1 visa if you are already married, and planning/arranging a wedding process, especially in a foreign country, generally takes at least a few months.
The CR-1 visa process is fairly involved. It begins with applicants filing paperwork with the National Visa Center, and the marriage visa timeline is usually significantly longer than the fiance visa timeline.
If you have not yet begun the process, the K-1 visa is likely the best choice. However, every situation is different and you should have your own situation reviewed by an experienced immigration attorney before you decide on how you wish to proceed.
HIRING AN ATTORNEY
While the process can be done without an attorney, it is strongly recommended for several reasons.
The USCIS is both suspicious and vigilant in regards to visa applications, and they are inclined to deny those that contain irregularities or catch their attention for a variety of reasons.
Another serious issue for people who attempt the process on their own is the paperwork. Not only can the sheer quantity be overwhelming, but forms can also be confusing and difficult to interpret or fill out properly. Furthermore, errors can result in significant delays (think months) or even visa denial.
Hiring an attorney means an expert ensures that your documents are correct and your case has everything in order and is handled by the book.
WHY HIRE AN ATTORNEY?
In regards to something as important as marriage and immigration — the beginning of a future shared between two people — we feel it’s important to avoid risks. While we can’t compete with paralegal prices, as attorneys specializing in visa applications, we offer so much more.
Our teams can evaluate a case in full and offer legal advice (by law, paralegals cannot).
We will communicate directly with the USCIS on our clients’ behalf if delays or other issues arise. USCIS will not communicate with paralegals.
We can advise on both immigration and marriage concerns (such as prenuptial agreements).
All communications with our firm are strictly confidential (this is not the case with paralegals, who can be compelled to reveal sensitive or embarrassing information)
We’re regulated (in our case by the State Bar of California). Paralegal services are not. An applicant’s confidential financial information must be revealed as part of the visa process. It’s generally preferable that it does not end up in the hands of unregulated (and unaccountable) offices.
WHY THE LAW OFFICES OF LAWRENCE GRUNER, INC ?
Our reputation and track record speak for themselves.
We have 25 years of experience successfully handling K-1 “fiancé visa” cases
We’re rated 5 stars on Google, Yelp, Avvo, and Thumbtack
We’re adaptive and resourceful — we’ve seen it all and we know how to solve it all.
We make sure to thoroughly understand our clients and all related factors.
Our fees are flat.
We offer affordable monthly payment plans to begin the process as soon as possible.
We examine all relevant options for your situation (fiancée versus marriage abroad, etc. and explain the pros and cons for each to help clients make the best decisions for them.
All communications with our office are confidential.
Why Are Fiance Visa Cases Denied? Watch this video to find out the top reasons your case could be denied:
We offer free and confidential consultations. We will go over your situation with you, in detail, and figure out the best way to handle your case.
Further Reading: 10 Things You Should Know About the Fiance Visa Process
Disclaimer: The information above is general and educational in nature and does not apply to your particular situation. No attorney-client relationship is created by you reading this document. Do not rely on the information above. You should always consult with an immigration attorney BEFORE take any actions that could affect your immigration case or you file anything with USCIS.
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