Fiancé Visa (K-1) Lawyer

Fiancé Visa Immigration Attorney

If you are a United States citizen engaged to a foreign fiancé, you must secure a K-1 fiancé(e) visa to bring them to the United States. This document will allow your future spouse to enter the country for marriage.

There are strict timelines and qualifications fiancé visa seekers must meet for their application to be successful. An experienced fiancé visa lawyer associated with Fresh Start Immigration Law can assist you. A lawyer can help you gather and file the necessary information and avoid common pitfalls so your fiancé can enter the country as quickly as possible. Contact us online or call today.

Eligibility for Fiancé (K-1) Visas

If you live in the United States and wish to bring a non-U.S. resident to America for marriage, you must first obtain a K-1 fiancé(e) visa. You may be eligible for a fiancé visa if:

• You are a citizen of the United States
• You and your fiancé plan to marry within 90 days of their admission into the country
• You and your fiancé are legally eligible for marriage in the U.S. (i.e., any previous marriages were dissolved through divorce, annulment, or death)
• You have met your fiancé in person at least once in the two years preceding your petition

The form also requires your criminal background, employment information, and other information.

How to Apply for a K-1 Visa

U.S. Citizen and Immigration Services (USCIS) outlines the following process for applying for a K-1 fiancé(e) visa:

1. Petition. You must file Form I-129F, Petition for Alien Fiancé(e) and any required supporting documents with the USCIS. The agency will review the petition and contact you if additional information is required. If the USCIS deems you eligible, it will forward approval to the Department of State (DOS) National Visa Center (NVC). Approval can take months to years, depending on various circumstances.
2. Visa application. The NVC will send approval to the embassy in the country where your fiancé lives. A DOS consulate officer will then interview your intended spouse. Your fiancé must apply for a K-1 visa before this meeting and bring supporting documents to the interview. If the DOS determines your fiancé qualifies and the relationship is bona fide, it will issue a finance visa.
3. Inspection at port of entry. A visa does not guarantee admission into the U.S. Your finance will have to be present at an official port of entry and gain final approval for entrance from a Customs and Border Protection (CBP) officer.

Timeline for Seeking a Fiancé Visa

It can take up to a year or longer to receive a fiancé visa. If your application is successful, your fiancé has six months to enter the United States before the visa expires. Once your fiancé arrives in the country, you have 90 days to get married. If you fail to marry within 90 days, the visa expires, and you cannot extend it. Your fiancé will have to leave the United States.

Once married, your spouse can apply for lawful permanent residence status, commonly called a Green Card. Our immigration attorneys can assist with this application.

Documents Needed to File for a Fiancé Visa

You and your fiancé may need the following documents when applying for a K-1 visa:

• Completed petitions
• Proof of citizenship
• Birth certificate
• Divorce or death certificate
• Valid passport
• Evidence of the relationship and intent to marry (such as a marriage application)
• Pay stubs, bank statements, and other proof of financial support
• Medical examination results

How a Fiancé Visa Immigration Lawyer Can Help

Working with an immigration lawyer for a fiancé visa from our firm can help ensure you correctly follow the K-1 application process and submit the required information. Our associated attorneys can also help you avoid mistakes that could lead to a denial or delayed approval.

A K-1 fiancé visa lawyer can:

• Help you gather and complete fiancé visa forms
• Help you collect and submit necessary documents and supporting information
• File your petition
• Prepare your intended spouse for their fiancé interview
• Communicate with involved agencies when necessary
• Answer your questions and keep you apprised of changing laws and developments
• Help your spouse apply for a Green Card after marriage

Fiancé Visa Frequently Asked Questions

How Does a Fiancé Visa Work?

A fiancé visa allows a non-U.S. citizen a six-month window to travel to the United States for marriage. Once here, foreign fiancés must marry an American citizen within 90 days.

How Long Does it Take to Get a K-1 Fiancé Visa?

It can take up to a year or longer from the time you file a petition until your fiancé gains entry into the United States. This timeline can vary based on current application processing times and whether or not you provide the required evidence with your application.

If You Have a Fiancé Visa, Can You Work?

Yes, after arriving in the U.S. on a fiancé visa, you can apply for a 90-day work authorization. After marriage and obtaining a Green Card, you can seek a work authorization valid for up to one year. Our lawyer for fiancé visa can help you seek authorization.

Can Green Card Holders Petition for a Fiancé Visa?

No, Green Card holders cannot petition for a fiancé visa. Only United States citizens can seek K-1 visas.

Can You Apply for a Fiancé Visa While in the U.S.?

Foreign finances wishing to secure a K-1 visa must apply for the visa at an embassy or consulate outside of the United States.

Do You Need an Affidavit of Support for a Fiancé Visa?

An Affidavit of Support proves you can financially support your fiancé once they arrive in the country. U.S. citizens may be asked to provide this information to secure a K-1 visa, but it is not automatically required during this process. Once you are married and your spouse applies for a adjustment of status, you will be asked to provide this affidavit.

Contact Fresh Start Immigration Law for Fiancé Visa (K-1) Assistance

Filing for a fiancé visa can be complex, and the outcome of your petition is not one you want to leave to chance. Allow Fresh Start Immigration Law’s associated immigration lawyers for fiancé visas guide you through this process. These lawyers can put their experience and knowledge behind your application, protecting you from mistakes that could slow the process.

Contact us today or call now to learn more about our services.