Get a Fiancé Visa
Heartland Immigration is proud to play a part in bringing new families together through the fiancé visa process. Love may make no sense of space and time, but that doesn't stop U.S. immigration law from erecting boundaries that keep engaged couples physically and geographically separated. Our immigration lawyers welcome the chance to help clients legally bring their fiancé to the United States so they can start their new lives together.
The K-1 Fiancé Visa
If you are engaged to a foreigner who is not in the country, you can bring him or her to the U.S. to get married and live permanently by means of a K-1 visa. The K-1 visa, also referred to as a fiancé visa, allows a non-American to come to the U.S. to marry a U.S. citizen. After the marriage, the foreigner can apply to the U.S. Citizenship & Immigration Services (USCIS) for an adjustment of status, the means by which one gets a green card (i.e., becomes a legal permanent resident). After three years, they'll be eligible to apply for
citizenship. The minor, unmarried children of a K-1 visa beneficiary can also come to the U.S. with that person and will have their status adjusted and gain citizenship along with the K-1 visa beneficiary. Children will receive a K-2 visa to come to the United States.
Requirements for the K-1 Fiancé Visa
- The persons must have a bona fide relationship (the authorities are good at spotting fraud in the fiancé visa context);
- Both persons must have be legally free to marry (i.e., not married to someone else) from the time the Form I-129F petition was filed by the U.S. citizen;
- The marriage must be legally possible under laws of the U.S. state in which the marriage will occur; and
- The foreign fiancé and the U.S. citizen must have met in person at least once within the past two years (but some exceptions are made to this rule)
- Marriage must take place within 90 days of the K-1 visa holder entering the U.S.
How the K-1 Fiancé Visa Process Works
A U.S. citizen starts the K-1 fiancé visa process by filing a petition in the United States with the USCIS, using Form I-129F. Once approved, the petition gets forwarded to the National Visa Center for processing. When prepared, they notify the U.S. embassy or consulate where the beneficiary (the foreigner) lives, which in turn notifies the beneficiary that it's time to apply for the K-1 nonimmigrant visa. The beneficiary submits the online application, called the DS-160, and undergoes a medical examination. They submit to the embassy or consulate the results of their medical evaluation, other required documentation and a fee, and have a short visa interview at the embassy or consulate with a consular officer.
Upon being issued a K-1 fiancé visa, an individual has 6 months to travel to the U.S. Once there, the couple must marry within 90 days. A person in the U.S. on a K-1 fiancé visa can apply immediately upon arrival for permission to work by filing with USCIS Form I-765, Application for Employment Authorization.
Conditional Permanent Residency – Don't Let Your Spouse be Deported!
As stated above, after you and your fiancé marry, they can apply to adjust status to that of lawful permanent resident (LPR, i.e., green card holder). When granted LPR status, it will actually be "conditional" if it's granted within two years of the date of your marriage. Your spouse must apply to USCIS within the 90 day window before the two year anniversary of being granted LPR status to remove this condition, or else they will lose their LPR status. This is important – without doing this, the person will be here illegally and could get deported. Click here to learn more about applying to
remove a condition on residency, using Form I-751, Petition to Remove Conditions on Residence.
Give us a call today to learn more about how we can help you get a K-1 fiancé visa:
Nationwide: 1-855-USA-IMMIGRATE (1-855-872-4664)
Dallas: (972) 543-3812
Los Angeles: (949) 614-0106
New York: (347) 630-9629
Chicago: (773) 683-1728
Indianapolis: (812) 269-8201
Oklahoma City: (405) 232-2749