Fiancé Visa Attorney in Phoenix

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What is a K-1 Fiancé Visa?

The K-1 Fiancé Visa is for fiancés of U.S. Citizens. It allows the non-citizen fiancé(e) to enter the U.S. and marry the citizen within a 90-day period after the moment of arrival. Once the couple marries, the fiancé will need to apply for an adjustment of status to become a permanent resident. After the fiancé receives his or her permanent resident status, they can live and work in the U.S. legally. Eventually, they can apply for U.S. citizenship.

What Are the Requirements for a K-1 Fiancé Visa?

If you are a U.S. citizen petitioning for a K-1 fiancé visa, you must meet the following requirements:

  • You are a U.S. citizen.
  • The marriage must be legally possible according to laws of the state where you will be getting married. 
  • Both you and your fiancé need to be unmarried. 
    • Any previous marriages must have ended through divorce, annulment or death.
    • If your divorce is pending, you cannot file the K-1 fiancé visa application until it is finalized.
  • You have met your fiancé in person within the previous two years.
    • However, there are some exceptions. If you and your fiancé used an international marriage broker and/or did not meet in person, you must explain, in detail, how your relationship began.
  • The marriage must take place within 90 days of your fiancé entering the United States. A fiancé may not obtain an extension of the 90-day original admission.
  • You can meet the minimum income requirement for a K-1 visa.
  • Your fiancé must enter the U.S. within six months of receiving the fiancé visa.

What Documents Do You Need for a K-1 Fiancé Visa?

Many applications for the K-1 Fiancé get rejected outright simply because the documents contained incorrect, incomplete, or inconsistent information. If there are any missing documents or incorrect paperwork in your application, you will receive a Request for Evidence (“RFE”). Each RFE will delay the approval of your K-1 visa petition, and ultimately the approval and issuance of your K-1 fiancé visa. Sometimes the delay will be 6-12 months or more. Having an attorney review your documents and guide you through the application process will reduce the possibility of rejections and delays. Some of the documents you will need include:

  • Form I-129F
    • The U.S. Citizen must file the I-129F, Petition for Alien Fiancé 
    • Make sure you send your application to the correct office. Check here to find out which address to send your application to. 
    • The Fees for different visas change regularly. Make sure you know the correct amount to send. 
  • After USCIS approves the petition, they send it to the National Visa Center (NVC). You will receive a case number from the NVC. The NVC sends your petition to the U.S. Embassy or Consulate where your fiancé lives.

After the NVC sends your case to the U.S. Embassy or consulate, they will mail you a letter. You and your fiancé(e) will need the following documents to apply for a K-1 visa and prepare for the interview. 

  • DS-160
    • Nonimmigrant Visa Application. There should be one completed application per K visa applicant.
  • A valid passport 
    • It must be valid for at least six months past the duration of stay in the U.S. 
      • There may be exceptions that are specific to each country
  • Two passport style photos.
    • These must meet the Department of State’s requirements for passport photos
  • The foreign fiancé’s birth certificate
  • Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé and the sponsoring U.S. citizen.
  • Police certificates
    • A Police Clearance Certificate (PC) is usually a concise report issued by a police department detailing what criminal record, if any, the fiancé visa applicant has.
    • The police certificate from the country in which the foreign-born fiancé currently resides. 
    • The police certificates will also be required from any nation in which the foreign fiancé has lived for more than six months since he or she was sixteen years old
  • Recent Tax Forms of the U.S. citizen
  • Documentation that states the fiancé passed a medical examination.
  • Proof of sufficient income
    • This proves the fiancé will not need government benefits to survive.
    •  Form I-134, Affidavit of Support, may be requested
  • Proof that your relationship is valid.
  • Relevant fees 

Once your fiancé has their visa, they are free to travel to the United States.They must travel to the U.S. within 6 months of receiving the visa. After they come to the U.S., you must marry within 90 days. Once married, your fiancé can become a Permanent Resident, also known as a Green Card holder. You must apply for Adjustment of Status to obtain the Green Card. We are experienced in helping K-1 Fiancé visa holders obtain Green Cards.

There is also an interview process with an Embassy or Consulate. 

How Do I Get a Green Card After a K-1 Fiancé Visa?

To become a Permanent Resident, or Green Card Holder, you must apply for Adjustment of Status. In order to do this, you must meet the following requirements:

  • File as soon as marrying the U.S. Citizen
  • Form 1-130
    • Petition for Alien Relative 
    • The main purpose of this form is to prove that a valid marriage exists.
  • Form I-485 or Form DS-260
    • Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
    • Proof of lawful entry to the United States
    • Medical examination 
    • Proof of sufficient income
      • This may include Form I-864 and evidence such as tax returns and pay stubs
    • Correct, relevant filing fees
  • Green Card Interview
    • The purpose of this is for the officer to see if the marriage is real.
    • Questions can focus on the couple’s relationship history, as well as their daily activities and future plans together. 
    • If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.

It is wise to plan for a minimum of 6 months waiting time between filing and approval.

Hire a Phoenix Immigration Attorney to Help with Fiancé Visas

If you don’t know where to begin and fear that you might be filing your paperwork incorrectly, it is recommended that you consult with an experienced immigration attorney. If you or your fiancé  have criminal records, obtaining the services of an immigration attorney will be especially important. Contact us for a free consultation on your K-1 Fiancé Visa.