A fiancee visa or K visa allows your fiancee to travel to the United States to get married. After getting married, they generally apply to adjust their status to gain a green card.
There is also a K-3 visa that allows your spouse to come to the United States to apply for permanent residence. This is not addressed in this post.
What are the Requirements for a K-1 or Fiancee Visa?
To apply for a K-1 or Fiancee Visa, all of the following must be true:
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You must be a US Citizen
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You must intend to marry within 90 days
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Both you and your fiancee must be eligible to marry (meaning you are both divorced and can marry according to State law)
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You and your fiancee met each other at least once in the two-years before filing. This can be waived if either (1) it would violate a longstanding tradition for you to meet or (2) it would create a hardship for the US citizen applicant
What are the Benefits of a K-1 or Fiancee Visa?
It allows you to legally enter the United States to marry.
If you enter on any other sort of visa, like a tourist visa or using the Visa Waiver Program, you may risk being accused of fraudulently entering the country. Normally, a visa requires you to promise to exit the United States when your visa expires. If you marry while on a different type of visa, you may be accused of never intending to leave when your visa expires.
How Long Does It Take to Get a Fiancee or K-1 Visa?
Generally, processing time runs between 4 and 8 months from application to consular interview.
Where Do I Apply for a Fiancee or K-1 Visa?
The citizen applicant applies for the visa in the USCIS office having jurisdiction over their intended place of residence.
What Do I Need to File for a Fiancee Visa?
You file a Form I-129F, along with the required documents. Once it is approved, it is forwarded to the appropriate US Embassy for further processing.
Can My Fiancee Bring Children Along with Them?
Fiancees can bring children along with a K-2 visa. They must be under 21 and unmarried.
If you need a Fiancee or K-1 visa or need help filling out an I-129F, you need an experienced immigration attorney to guide you through the process and help ensure that it’s as painless as possible. Contact me today.
