K-1 Visa Lawyer

The K-1 Fiance Visa was originally created by the U.S. federal government to support marriages between U.S. soldiers and their fiances abroad, but today, it’s used to expedite the immigration process for all engaged couples of mixed national origin, regardless of military status.

However, there are a few requirements that the two of you will need to meet before petitioning for a K-1 visa:

• You must both be legally able to marry one another.
• You must both be of legal age to wed.
• Neither party may be married to another person during the application process.
• The non-U.S. citizen fiance must have no criminal record that would prevent them from immigration such as a previous deportation, association with a terrorist group, or addiction to illegal drugs.
• The non-U.S. citizen cannot apply for a K-1 visa if they have some forms of untreated communicable diseases.

In some cases, you may need to show that you and your fiance have met in person at least once within a two-year period prior to applying. However, in some cases, this requirement may be waived if meeting in person isn’t possible due to war, financial hardship, or because it is against the religion or cultural traditions of the couple to meet prior to marriage.

The list of documentation required for entry into the U.S. on a K-1 visa is long and includes multiple forms of identification, paperwork, and verification of important statements. Below is a complete list of things you’ll need to submit to the consulate or embassy prior to being approved for a K-1 visa:

• A valid passport with at least six months left before the expiration date
• A birth certificate
• A background check noting every location you’ve lived for six months or longer since you were 16 years old
• A medical examination
• Proof that you’ll be able to financially support yourself or be financially provided for while in the U.S.
• Two photographs
• Proof of your romantic relationship

In addition to these documents, you’ll also need to complete forms I-134 and DS-160 and pay all necessary fees. And if you’ve already been married prior to your current engagement, you’ll also need a certificate of divorce or death proving that your previous marriage was dissolved.

If you’re bringing any children with you, you’ll need to undergo a separate visa (K-2) application process for them, including submission of additional DS-160 forms, as well as completing background checks for any children over the age of 16.

If you and your fiance have made sure you meet all of the initial requirements for a K-1 visa (eligibility for marriage and entry into the U.S.), and have gathered all of the necessary documentation you’ll need for the application process, you are now ready to begin petitioning, applying, and interviewing for your K-1 visa.

Filing a Petition for a K-1 Visa

The first step to securing your K-1 visa is to file an I-129F petition. Once the USCIS receives the petition and there are no preliminary issues, it will be forwarded to the National Visa Center (NVC), which will issue the non-U.S. citizen fiance a case number.

Applying for a K-1 Visa

Once a case number has been issued by the NVC, your fiance living abroad should receive a letter from a U.S. embassy or consulate in their country. This letter will include all of the necessary documentation they’ll need to begin the application process and will provide a contact number for a case worker with whom they can schedule an interview.

However, there are still two final steps before an interview can be scheduled.

First, you’ll need to pay all application fees upfront.

Secondly, you’ll need to complete a medical examination to ensure that you are medically cleared to enter the US and you are free of any untreated communicable illnesses. While vaccinations are optional at this stage, you might want to consider getting vaccinated to be sure you do not contract any illnesses that could prohibit you from entering the country.

The Interview Process for a K-1 Visa

Once all of your paperwork is filed, fees are paid, documentation is collected, and you are medically cleared, you will be ready to interview with a USCIS agent.

This is the final step before you can be approved for a K-1 visa. The agent will mostly be asking you questions about your eligibility, financial situation, criminal history, and your relationship with your fiance.

If you haven’t enlisted the help of a K-1 visa lawyer at this point, you certainly should consider doing so. An immigration lawyer can not only help you organize the documentation needed to be eligible for an interview, but they can also go over the types of things that a USCIS agent will be looking for during questioning. Our firm has years of experience when it comes to the K-1 visa application process, and we can help you understand the things you should and shouldn’t say during your interview. Call us today, and schedule a consultation.

K-1 Visa Extension

Once you’ve gone through the interview process and you’ve been approved to enter the U.S. on a K-1 visa, you’ll need to marry your fiance within a 90-day period.

While this is an essential requirement to maintain a legal entry status, the visa itself will be valid for a total of six months, meaning that if you intend to apply for permanent residency (green card) through marriage, you’ll have an additional 90 days after the initial 90-day marriage requirement to begin your permanent residency application.

If the additional 90 days aren’t enough for you to secure a green card, you may be able to get a K-1 visa extension through your case worker.

If you are planning on getting married in another country, or you already were married in another country, you can skip the K-1 visa process entirely and apply for an I-130 (Immigrant Petition For an Alien Relative).