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K1 Visa Lawyer

Serving clients across Chicago, Schaumburg, Naperville, Madison, and beyond, Francis Law Center brings families together, advocates for humanitarian relief, and helps professionals and businesses with complex immigration issues, including Family-Based Immigrations, Humanitarian & Citizenship, and Employment-Based Immigration.

K1 Visa Lawyer
K1 Visa Lawyer

Don’t Navigate the K-1 Fiancé Visa Process Alone

The K-1 fiancé visa, also known as the K-1 nonimmigrant visa, is a United States visa that allows the fiancé of a U.S. citizen to enter the country for 90 days. During this time, the couple must get married and the foreign national can then apply for adjustment of status to become a lawful permanent resident.

When starting the process of obtaining a K-1 fiancé visa, it’s essential to avoid common pitfalls such as failing to provide enough evidence of the relationship or failing to disclose any previous marriages or criminal history. Couples must also make sure they are eligible for marriage and that the wedding ceremony complies with state laws.

The K-1 fiancé visa process can be complex and requires careful planning and attention to detail. Couples are encouraged to consult with an immigration attorney to explore their options and increase the chances of a successful application.

Eligibility Requirements for a K-1 Fiancé Visa

To be eligible for a K-1 fiancé visa, both the U.S. citizen petitioner and the foreign national fiancé must meet certain requirements. The U.S. citizen petitioner must be able to provide proof of U.S. citizenship, while the foreign national fiancé must be able to provide proof of their identity and that they are free to marry.

In addition, the couple must have met in person within the past two years. Exceptions to this requirement can be made for extenuating circumstances, such as religious reasons or a demonstrated inability to travel.

K-1 Fiancé Visa Application Process

The application process for a K-1 fiancé visa begins with the U.S. citizen petitioner filing a Form I-129F, Petition for Alien fiancé, with U.S. Citizenship and Immigration Services (USCIS). Along with the form, the petitioner must also submit various supporting documents, including proof of U.S. citizenship, proof of the relationship, and proof of the couple’s meeting in person.

Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for processing. The foreign national fiancé will then be required to submit additional documents, including a medical examination and police clearance certificate.

The final step in the process is an interview at the U.S. embassy or consulate in the foreign national fiancé’s home country. The couple must attend the interview together and must bring all required documents, including proof of the relationship and proof of the couple’s meeting in person.

Adjusting Your Status After Arrival in the U.S.

Once the foreign national fiancé enters the United States on a K-1 visa, they have 90 days to get married. After the marriage, the foreign national can apply for adjustment of status to become a lawful permanent resident.

The adjustment of status process begins with the foreign national and U.S. citizen petitioner jointly filing a Form I-485 (Application to Register Permanent Residence or Adjust Status). Along with the form, the couple must also submit various supporting documents, including proof of the marriage and proof of the foreign national’s medical examination.

Avoiding Common Pitfalls in the K-1 Fiancé Visa Process

While the K-1 fiancé visa process can be straightforward for eligible couples, there are certain pitfalls that can delay or even prevent approval of the visa. One common mistake is not providing enough evidence of the relationship or not being able to prove that the couple has met in person within the past two years.

Another pitfall to avoid is failing to disclose any previous marriages or criminal history. Failure to disclose this information can result in the application being denied and can even lead to the foreign national being barred from entering the United States.

It’s also important to make sure that both parties are eligible for marriage and that the wedding ceremony is done in accordance with state laws of the place of marriage.

The Benefits of Hiring a K-1 Visa Attorney

The K-1 fiancé visa process can be complex and time-consuming, and it is important to have the guidance of an experienced immigration attorney. An immigration attorney can help ensure that all required forms and documents are completed accurately and submitted in a timely manner. They can also assist in preparing for the embassy interview and advise on any potential issues that may arise during the process.

Furthermore, an attorney can also provide representation and guidance throughout the adjustment of status process. This includes ensuring that all necessary documents are submitted and that the couple is fully prepared for any follow-up interviews with USCIS.

In the event that the application is denied, an attorney can also provide representation in any appeals or motions to reopen the case.

K-1 Visa Summary

The K-1 fiancé visa is a United States visa that allows the fiancé of a U.S. citizen to enter the country for 90 days. Couples must meet certain eligibility requirements and submit various forms and documents during the application process. Common mistakes to avoid include not providing enough evidence of the relationship or failing to disclose any previous marriages or criminal history. It is recommended to consult with an immigration attorney to increase the chances of a successful application and to provide guidance throughout the adjustment of status process.

Schedule a Consultation With a K1 Visa Attorney

The K-1 fiancé visa allows foreign nationals to enter the United States for 90 days in order to marry their U.S. citizen fiancé. While the process can be complex, hiring an experienced immigration attorney and being aware of potential pitfalls can increase the chances of a successful application.

Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.

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