Sharing a life with a loved one is one of the most common yearnings of any U.S. citizen. In this sense, the K1 visa or fiancé visa may be the resource you need. Therefore, today we will analyze what a fiancé visa is and how to apply for it.
Do not risk your future by facing this process on your own. At Urbina Immigration Law we can help you get the visa you need to share your life with your loved ones. Contact us today and get the legal help you deserve.
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K1 Visa: What is it?
A K-1 visa or fiancé visa is a type of U.S. nonimmigrant visa that allows a U.S. citizen to bring his or her foreign fiancé into the country for the purpose of marriage. Both must intend to marry within 90 days of the foreign fiancé’s admission. If the alien spouse does so within that period, he or she may apply for lawful permanent residence in the United States.
What are the requirements to apply for a K1 visa?
Any U.S. citizen may apply for a K1 visa for his/her fiancé, as long as he/she meets the following requirements:
- Intend to marry your fiancé within 90 days of your admission to the United States on a K-1 visa.
- Both must be legally free to marry (no legal impediments).
- Have met in person at least once in the last 2 years prior to filing the petition. An exemption may be requested in specific cases.
If you have any doubts regarding your eligibility or that of your fiancé, Urbina Immigration Law can help you. Our experienced team of attorneys will guide you through the process of getting the visa you need to secure the future of your loved ones in the United States. Contact us today and start securing your future.
K1 visa benefits and limitations
While the K1 visa brings with it multiple benefits, some of the most important are:
- Marriage Union: The fiancé visa allows U.S. citizens to marry their foreign fiancé on U.S. soil.
- Family Reunification: Obtaining a K1 visa facilitates the reunification of committed couples who would otherwise be separated due to legal barriers.
- Opportunity to Obtain a Green Card: If the marriage takes place within 90 days of the fiancé’s arrival, the fiancé may apply for a Green Card and become a lawful permanent resident.
- Legality and Stability: A K1 visa offers legal status to foreign fiancées, allowing them to live and work in the United States while they continue their immigration process.
- Path to Citizenship: After a period of permanent residence, the foreign spouse may choose to seek U.S. citizenship, with all its additional rights and benefits.
- Legal Protection: The K-1 visa application and approval process is subject to stringent controls and requirements, providing protection against fraudulent marriages or exploitation.
At Urbina Immigration Law we can help you obtain the K1 visa and enjoy all these amazing benefits with the person you love. Do not risk your future by facing this process alone. Talk to an attorney today and let’s defend together your right to a better life with your loved ones.
How to apply for a K1 visa?
Step 1 – Basic Requirements
Make sure you meet the basic requirements listed above (be a U.S. citizen, have a genuine intent to marry your foreign fiancé(e), etc.). In addition, verify that both you and your fiancé(e) are legally free to marry and gather evidence that you have met in person at least once in the last two years before filing the petition.
Step 2 – Submission of the Petition
File Form I-129F (Petition for Alien Fiancé(e)) to USCIS. This form initiates the process and must be completed correctly, providing all required information and documentation.
Step 3 – Notification of NVC and Visa Application
Once USCIS approves your petition, the National Visa Center (NVC) will send you a notice. Your fiancé(e) must follow the instructions on the notice to apply for the K-1 visa at the U.S. Embassy or Consulate in your home country.
Step 4 – K1 Visa Documentation
Your fiancé must gather the necessary documentation, which includes, but is not limited to:
– Official forms.
– Valid passport.
– Certificates of marital status
– Evidence of your relationship.
– Medical examination.
It is advisable to seek the assistance of an immigration attorney to ensure that you have all the necessary documentation.
Step 5 – Interview and Entry to the United States
The fiancé must schedule an interview at the U.S. Embassy or Consulate. During the interview, the authenticity of the relationship and the documents provided will be reviewed. If the K1 visa is approved, the fiancé must travel to the United States and marry within 90 days of arrival, thus beginning the adjustment of status process to become a Lawful Permanent Resident.
Please note that this guide provides the basic steps to obtain a K1 visa. However, it is important to get professional legal help to obtain updated and detailed information about the process. Do not face this process alone. Contact us and one of our attorneys will help you reunite with the person you love.
What documents do I need to submit to apply for a K1 visa?
To obtain your K1 visa or fiancé visa, you will need to gather and submit the following documentation:
- Form I-129F (Petition for Alien Fiancé)
- Form DS-160 (Online Nonimmigrant Visa Application).
- Valid passport valid for at least six months beyond the period of stay in the United States.
- Divorce or death certificates of previous spouses (if applicable).
- Certificates of conduct (criminal record) from your current country of residence and from all countries where you have lived for 6 months or more since the age of 16.
- Results of the medical examination performed by physicians authorized by the panel.
- Evidence of financial sponsorship, which may include Form I-134 (Affidavit of Financial Sponsorship) provided by the U.S. sponsor.
- Two 2×2 photographs that meet the specific requirements.
- Evidence demonstrating the authenticity of the relationship with your U.S. fiancé.
- Payment of fees according to the instructions provided by the U.S. Embassy or Consulate.
It is important to consult with an experienced immigration attorney to make sure you have all your documentation in order. At Urbina Immigration Law we can help you. Contact us today and start your journey to a better future with the one you love.
What is the difference between a CR1 visa and a K1 visa?
The CR1 visa is for spouses of U.S. citizens married prior to applying for the visa, demonstrating a prior and genuine marriage. In contrast, the K1 visa is for foreign fiancées engaged to U.S. citizens. On the other hand, although both visas lead to permanent residency, the process and time of separation vary. Consult with a professional immigration attorney to find out which visa is best suited to the specifics of your case.
What happens if I miss the 90-day deadline to get married?
If the 90-day period of K-1 status expires and you do not marry, you and your fiancé(e) may face serious consequences. This includes automatic expiration of status and the possibility of deportation, as well as affecting your future eligibility for U.S. immigration benefits.
Can I bring my future spouse’s children with me on a fiancé visa?
Yes, you may bring your fiancé(e)’s children to the U.S. under a K2 visa if they are under 21 and unmarried. You must include their names on Form I-129F and meet the requirements. Children may travel with you or join you later, but may not enter the U.S. before your fiancé(e). After marriage within 90 days, they may apply for a Green Card if they remain unmarried.
What proof of marriage must I submit to USCIS?
Evidence of marriage that you must submit to USCIS includes shared financial documents, joint leases, shared bank account records, photos of the couple together, testimonials from friends and family, and more. This helps demonstrate that the couple is genuinely committed to building a life together. Therefore, it is advisable to consult with an experienced immigration attorney to help you gather the necessary evidence.
How long does it take to process a K1 visa application?
The processing time for a K-1 visa application varies depending on individual circumstances, such as lack of evidence or inaccuracies in the data provided. Therefore, it is extremely important to obtain professional legal assistance to help you gather all the necessary documentation and data.
At Urbina Immigration Law we can help you avoid undesirable delays in your application. Contact us today and secure your future in the United States with the person you love.
Secure your future with the person you love with Urbina Immigration Law.
As we have seen, the K1 visa or fiancé visa is an immigration resource that could give you and your partner the possibility of starting a life together in the United States. However, the application process requires a lot of attention to detail to prove that the relationship is genuine. Therefore, it is advisable to seek the advice of a professional attorney who can help you gather all the necessary evidence.
Do not face this process alone. At Urbina Immigration Law we can help you reunite with those you love and obtain the visa you need to build your future in the United States. Contact us today and let’s start fighting together for a better tomorrow.