Get the Assistance You Need for Your K-1 Fiancé(e) Visa Case
The K-1 visa allows a U.S. Citizen fiancé(e) to petition for their foreign fiancé(e) currently living overseas to enter the United States in order to get married. This visa process requires you to get married within 90 days of your foreign fiancé(e)’s entry. It is important to note that you cannot already be married at the time of entry into the United States. Also, if the foreign fiancé(e) has children under the age of 21, they can be included in the K-1 visa petition.
Am I Eligible to Petition for a K-1 Fiancé(e) Visa?
In order to be an eligible candidate to file a K-1 fiancé(e) visa, the following factors must be met:
- Both parties are legally free to marry;
- The Petitioner is a U.S. Citizen; and
- Both parties must have met in person within the last two years.
The U.S. Citizenship and Immigration Services (USCIS) Process:
In order to begin the process, the U.S. Citizen must submit an I-129F petition and supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
You must show in the supporting documents that;
- A genuine relationship exists;
- You have met your fiancé(e) in person within the last two years;
- If you or your fiancé(e) have been charged with or convicted of certain crimes, you may be required to apply for a waiver. Some crimes are not eligible for waivers, so it is especially critical to seek the advice of a seasoned immigration attorney if you or your fiancé(e) have a criminal record.
It is also important to note that the quality of an information contained in the I-129F petition and supporting documents will affect the processing time and approval of your case. Complete, well-organized petitions are likely to be approved more quickly.
Once your I-129F petition is approved, your fiancé(e) must wait for the National Visa Center (NVC) to assign a case number to your petition. The NVC is a U.S. State Department facility that runs background checks before sending your petition to the foreign embassy or consulate. Once the NVC assigns a case number, your fiancé(e) must complete a DS-160 application and schedule a medical exam.
The U.S. Consular Process:
The final step in this process is an in-person interview with a U.S. Consulate or Embassy overseas. Only the foreign fiancé(e) will attend this interview. The interviewing officer’s main goal is to evaluate whether the relationship is genuine, and if the foreign fiancé(e) committed any immigration or/and criminal law violations. The officer will ask questions that cover everything from the couple’s relationship history, as well as their lives and future together. Upon approval, the foreign fiancé(e) will come to the United States with a K-1 visa.
What Is Next?
Within 90 days of the foreign fiancé(e)’s entry into the United States, you need to get legally married in the United States. Then your spouse will submit an I-485 application to adjust the status to permanent residency.
If the foreign spouse has been married for less than two years when the CR1 immigrant visa is issued, the foreign spouse will receive a “conditional green card” or a “conditional permanent residency.” The foreign spouse needs to remove this two-year conditional resident status via a 751 process and must apply for such approval before the end of the two-year period.
What Can We Do for You?
Based out of Schaumburg, IL, with additional offices in Chicago, IL, and Madison, WI, our firm is committed to serving the immigration needs of clients throughout the world. Our clients include people coming to the United States from India, Mexico, China, Serbia, the Philippines, Nigeria, and around the world.
Francis Law Center is committed to practicing immigration law; in fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional working as a Professor of U.S. History at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful marriage-based green card case. Your mind will rest easier knowing that we are working on your behalf for your successful spousal green card case.
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