K1 Fiancé(e) Visa | Application Process and Useful Tips
You hear the wedding bells and feel ready to spend the rest of your life together with your significant other! But first, you need to go through stacks of paperwork to bring your fiancé(e) to the United States. Doesn’t sound like fun? VisaExpress loves the boring part of your wedding preparation! Keep reading our post and learn more about the K1 Fiancé(e) visa.
Call things by their name
If you are a U.S. citizen and you want to bring your foreign fiancé(e) to the United States, they need to obtain the K1 visa first. To get this visa, you, as the U.S. citizen petitioner, will first need to gather all necessary documents and supporting evidence, fill in the Petition for Alien Fiancé(e), and file it with the United States Citizenship & Immigration Service, in order to sponsor your foreign fiancé(e) or the beneficiary’s stay in the United States.
As a couple, you have to prove that your relationship is real and you’re not marrying simply because you want to regulate the beneficiary’s immigration status in the United States.
K1 Fiancé(e) visa: Meet legal prerequisites
You and your foreign fiancé(e) need to be at least 18 and unmarried when you file and submit the petition, and your foreign fiancé(e) must not reside in the United States. As a United States citizen, you have to prove you can financially support the future family so that your significant other doesn’t live on United States welfare. Same-sex couples are allowed to marry, no matter how the foreign fiancé(e)’s country of citizenship sees that union. Most importantly, both of you need to create a written statement and explain how you met. A big file accompanies the petition, including print screens of your chats, hotel bills, and plane tickets.
Have you met in person in the last two years?
The two of you need to have met at least once in the past two years. Some traditions don’t allow unmarried couples to meet in person or spend time alone before marriage. These traditions are under investigation and the condition might be dismissed in favor of the couple. If you experience a health issue that prevents you from traveling and meeting with your foreign fiancé(e), there is a solution.
Understand the restrictions for K1 Fiancé(e) visa
After your foreign fiancé(e) gets the visa, they have 6 months to come to the United States and marry you. You have to marry within 90 days upon your foreign fiancé(e)’s arrival to the United States. The reason behind this is that the K1 nonimmigrant status cannot be extended beyond the allowed period.
Let us take care of the application process
After the submission, the United States government performs background checks on both you and your foreign fiancé(e). It takes around five to seven months for the petition approval. Following the approval, the petition gets its original number and is sent to the National Visa Center for additional checks. Once approved, your foreign fiancé(e) will be able to pay the mandatory interview fee and book an appointment with a Consular Officer at the closest U.S. Embassy, as a final step of the process.
K1 Fiancé(e) visa: Useful tips
- If your foreign fiancé(e) doesn’t speak English, you can ask the Embassy or Consulate to provide an interpreter. If they cannot find an interpreter, you can ask to bring one to the Embassy or Consulate. You have to provide details on the interpreter before your visa interview.
- In case your foreign fiancé(e) has a child under 18, they can be included in the petition with their mother/father.
- As a part of the application, your foreign fiancé(e) has to undergo a medical examination. We help them find an authorized physician in their country and make the necessary arrangements.
What comes next
After your foreign fiancé(e)’s interview at the Embassy or Consulate, the Embassy or Consular officer tells if your K1 Fiancé(e) visa is approved, denied, or if more supporting documents are necessary. In case your application is denied, the Embassy or Consular officer provides a written explanation.
Having the K1 visa, your fiancé(e) can travel to the United States and marry you there within 90 days of arrival. After the marriage, your fiancé(e) – now spouse – can apply for a Green Card (adjustment of status to Lawful Permanent Resident).
VisaExpress is part of the GovAssist family, which also owns and operates GovAssist Legal, a non-traditional legal services provider authorized to the practice of Immigration Law by the Utah Supreme Court’s Office of Legal Services Innovation.
Our team is supervised by in-house immigration lawyers, and you will be provided with attorney representation throughout your case. Using technology and our paralegal team we can charge much less than traditional law firms.