How do you get a K-1 fiancée visa?
Read below for step by step instructions on how to get a fiancé visa for your fiancée.
A fiancée visa is used to bring someone who you intend to marry into the United States. It will not allow your fiancé to live in the United States indefinitely. It only allows your fiancé to enter the United States on a very temporary basis (90 days). If your fiancé wants to stay in the United States the she will need to marry you within 90 days and then apply for a green card. The process used to change from the K1 visa to the green card is called adjustment of status.
You must be a United States citizen;
You must both be free to get married (no pending divorces etc.);
You must have met each other, in person within the last 2 years (you may be able to obtain a waiver of this requirement);
You must be able to show that you can financially support your fiancé in the United States; AND
You both intend to marry each other within 90 days of your fiancée entering the United States.
Please see our blog post: ” 10 things to know about fiancé visas” for a more in-depth look at the fiancé visa process. If mistakes are made, even small mistakes, then there can be serious delays in the processing of the K1 fiancé visa. If you would like to get a fiancée visa for your loved one then you need to follow these two main steps. They are:
File a Petition with USCIS
The U.S. Citizen will file the petition. (Remember, only United States Citizens, not green card holders, can apply for a K-1 fiancé visa. If you are not a United States citizen but would like to become one then click here for information on becoming a United States Citizen) The form is Form I-129F. It is called the petition for alien fiancee. This form needs to be correctly completed and then it has to be submitted to the correct USCIS local office. Then, when USCIS approves the petition, it will then be forwarded to the National Visa Center (NVC). The National Visa Center will then forward it to the appropriate US Embassy or Consulate. After the US Embassy or Consulate receives the petition, your fiancé in another country will then be able to file for a K-1 non-immigrant visa.
The application process for the K-1 visa includes the following: the required documentation, a medical examination along with any vaccination requirements. In addition there needs to be a showing of proof of support along with a completed affidavit of support form (with any supporting evidence–tax returns, letter from your employer showing that you are employed, bank statements). The required documentation for this step can vary by consulate. However, the documents which will be required can be viewed on the applicable US Consulate website.
You also have to provide the following: a valid passport which will allow for travel to the United States, a divorce or death certificate for any and all previous spouses for the applicant (the US citizen will also need divorce or death certificates for any and all previous spouses). In addition, your fiancé will need to obtain police certificates from countries she previously lived in for over 6 months starting from the age of 16, 2 photographs (make sure that these photographs comply with the rules), and then finally you need to provide evidence of the relationship between the two of you.
The medical examination is required for any applicant. It does not matter how old the applicant is at the time of the process. The medical examination can be done only by a paneled medical doctor. Your fiancé may need to obtain vaccinations.
You must be able to prove that you can support your fiancé financially when she enters the United States. This will come up during the interview. You are basically showing the immigration officer that your fiance will not need to receive public benefits in the United States. You are showing that you are able to financially support your fiancee.
The affidavit of support that you will prepare is Form I-134. This form must be turned in with additional evidence ( tax, income, including a letter from the U.S. citizen’s employer and also information on the assets of the U.S. citizen). Finally your fiance will also need to demonstrate that the relationship with you is valid. This can be shown with pictures, e-mails and other evidence. If this is not done properly, even if all of your other paperwork is in order, your case will not be approved. Therefore, take special care in preparing this evidence.
In conclusion you should be able to obtain the K-1 fiancé visa for your fiancé. You need to make sure however that everything is done the right way all the way through the process. You should obtain our FREE BOOK which goes into more detail about the process. You can always call our office at 888-801-6558. We would be happy to give you FREE ADVICE about the fiancé visa process.
Our fiancé packages start at $195
The information provided on this site is not legal advice but general information only. Laws can and do change and additional laws may apply in your case. Contrary to what your friends tell you every immigration case is different. Please contact our office to review your matter prior to filing any documentation with USCIS
Lawrence Gruner is an experienced Immigration Attorney in Sacramento and an adjustment of status attorney Sacramento with almost 20 years of experience handling immigration cases. He has office locations throughout northern California. His office handles immigration cases throughout California (including San Francisco, Oakland, San Jose, San Diego and Sacramento) the United States and the World. You may reach us from anywhere in the world toll free at 888-801-6558 . You may also email us your questions. Attorney Gruner would be happy to review your situation and all of your options. He can help you come up with a plan for your Immigration case. His office handles green card cases (both family based green cards and business based green cards K1 fiance visa cases (see our article 10 things to know about K1 visas), naturalization and citizenship cases, E1-E2 investor cases, H1b cases ( visit our blog: How to get an H1b visa)and marriage visa cases.
We handle cases throughout the state of California and the World. California cities include: Sacramento, Stockton, San Diego, San Jose, Oakland, San Francisco, Daly City, Fremont, Hayward, San Mateo, Santa Clara, Alameda, San Rafael, Santa Rosa, Richmond, Fairfield, Grass Valley, Nevada City,Vallejo, Berkeley, Concord, Walnut Creek, Orinda, South San Francisco, San Bruno,Daly City, Pacifica, Half Moon Bay, Millbrae, Brisbane, Burlingame, Hillsborough, Foster City, Belmont, San Carlos, Redwood City, Menlo Park, Palo Alto, Mountain View, Mt. View, Sunnyvale, Campbell, Cupertino, Los Altos, Los Gatos, Santa Cruz, Modesto, Fresno, San Luis Obispo, Morro Bay, Coronado, Los Angeles, Anaheim, Roseville, Rocklin,Auburn, Dixon, Davis
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