Fiancé Visas: Guide To Obtain A K-1 Visa
Noncitizens who are engaged to a U.S. citizen and wish to marry and live in the United States will likely need a fiancé visa. The K-1 is the primary visa for fiancés because it allows them to enter the U.S. and marry within 90 days. Still, there are two other K visas to be aware of. The K-2 visa allows the children of a K-1 visa holder to accompany them to the U.S. The K-3 visa is for the spouse of a U.S. citizen waiting for their immigrant visa petition to be processed.
If you want to bring your family together in Beverly, the North Shore or the Boston area, count on a trusted immigration lawyer. At Cayer Law, I’m here to help you find solutions. I am John Cayer, a Massachusetts attorney with over 25 years of immigration law experience. I offer skilled family-based immigration guidance that focuses on your goals.
K-1 Visa Requirements
To apply for a K-1 visa, you must meet several requirements:
- One spouse is already a legal U.S. citizen.
- Both partners must be single and legally free to marry, and they must intend to marry within 90 days of the fiancé’s arrival in the U.S.
- The couple must have met in person at least once within two years before filing the petition unless a waiver is granted due to extreme hardship or cultural reasons.
- The U.S. citizen petitioner must meet specific income requirements to show they can support their fiancé.
- There is no disqualifying criminal history.
I have helped many people determine if they meet these requirements.
Essential Documentation For K-1 Visa Application
Providing proper documentation is crucial to the K-1 visa application process. Here’s what you need:
- Form I-129F: Petition for Alien Fiancé used to start the K-1 visa process.
- Proof of citizenship: A birth certificate or passport of the fiancé who is a U.S. citizen.
- Proof of relationship: Photos, correspondence or other evidence showing a genuine relationship and the wish to marry.
- Affidavit of support: Form I-134 to show financial ability to support the fiancé.
- Medical examination records: To ensure the applicant meets health standards.
If you would like to get this process started so you can marry in the U.S., I can guide you through this journey.
Step-By-Step K-1 Visa Application Process
Applying for a K-1 visa involves several steps and takes between several months and a year:
- File Form I-129F: The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS).
- USCIS approval: Once approved, the petition goes to the National Visa Center (NVC).
- NVC processing: The NVC forwards the case to the U.S. embassy or consulate in the fiancé(e)’s country.
- Visa interview: The fiancé attends an interview and submits the required documents.
- Visa issuance: If approved, the K-1 visa is issued.
I can also help you seek a K-3 visa and related visas if you have married abroad and want to bring your spouse to the U.S.
Frequently Asked Questions About K-1 or Fiancé Visas
If you intend to bring a fiancé to the United States to marry them, you must secure a K-1 visa first. Learning the basics about the process and the rules that apply to K-1 visas can help you navigate the legal process to bring your fiancé into the country for marriage.
How long do couples wait to secure K-1 visas?
Securing a K-1 visa is a potentially lengthy process. There are limitations on how many applications the USCIS can review, and there may also be a bottleneck regarding counselor processing in your fiancé’s country of origin.
The processing time for the initial form requesting the visa can last anywhere from five to 11 months, sometimes longer. There may be another one to two months of wait time as the National Visa Center and consulate or embassy abroad process the application. It may take anywhere from eight to 15 months to secure a K-1 visa.
Must we hold our wedding within 90 days of my fiancé entering the country?
Yes, the K-1 visa is a temporary visa that only remains in effect for 90 days after a foreign national’s entry into the United States. You may need to plan in advance to ensure that you can solemnize the marriage within that limited window of time.
Especially in cases where you hope to have a large wedding with international attendees, having a small, private official ceremony followed by a wedding attended by friends and family later may be the best possible arrangement. Delays in marriage could result in your fiancé losing their legal right to remain in the United States.
Can my fiancé with a K-1 visa or my new spouse work legally in the United States?
Yes, your fiancé or new spouse can potentially work legally in the United States. However, they must petition for a work permit, also known as an Employment Authorization Document (EAD). The EAD is only valid for the 90-day duration of the K-1 visa. After your spouse receives their conditional green card, they can request a new work authorization that is valid for a full year.
Can my fiancé travel abroad after entering the United States with a K-1 visa?
No, international travel while in the country on a K-1 visa is generally not permitted. A K-1 visa is a single-entry visa. If your fiancé leaves before you marry and they obtain their green card, they may not be able to re-enter the country.
Contact Me To Get Reliable Help
Navigating the K-1 visa process can be complex, and seeking the help of an experienced immigration attorney can be invaluable. I provide knowledgeable guidance, ensure that all paperwork is filled out correctly and help address any issues that arise. With this support, you can confidently navigate the process and focus on your upcoming marriage.
My goal at Cayer Law is to help secure your family’s future. Call me at 978-955-9352 or send me an email to find out how I can assist with your family’s green card or visa needs.