Phoenix Fiancé Visa Attorney

The K-1 Fiancé(e) 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.

If you are a U.S. citizen petitioning for a K-1 fiancé(e) 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.

Some of the documents you will need include Form I-129F, DS-160, Nonimmigrant Visa Application, valid passport, Two passport style 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, Recent Tax Forms of the U.S. citizen, Documentation that states the fiancé passed a medical examination, Proof of sufficient income, Form I-134, Affidavit of Support.

We discuss in detail later.

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.