K-1 visas, also known as “fiance visas,” allow foreign nationals engaged to U.S. citizens to enter the United States and marry their partner within 90 days of arrival. This visa provides a path for engaged couples to unite and begin to build a life together in the U.S. To qualify, couples must meet specific requirements and follow a multi-step application process, often with the guidance of an experienced immigration attorney.
Understanding Fiance Visas
Definition and Purpose:
The K-1 fiance visa is a visa designed for foreign nationals engaged to U.S. citizens. Its primary purpose is to allow the engaged couple to enter the U.S., marry within 90 days, and then apply for the foreign spouse's adjustment of status to obtain permanent residence (a Green Card).
Requirements:
To qualify for a K-1 visa, the following criteria must generally be met:
1. The petitioner must be a U.S. citizen.
2. The couple must be legally free to marry and intend to do so within 90 days of the fiance's entry into the U.S.
3. The couple must have met in person at least once within the two years preceding the petition filing, with limited exceptions.
4. The relationship must be bona fide, not entered into solely for immigration purposes.
Application Process:
1. The U.S. citizen petitioner files Form I-129F with USCIS.
2. Upon approval, the case is forwarded to the National Visa Center and then to the appropriate U.S. embassy or consulate.
3. The foreign fiance completes the DS-160 nonimmigrant visa application, undergoes a medical examination, and attends a visa interview.
4. If approved, the fiance receives a K-1 visa to travel to the U.S.
Legal Process for Fiance Visa Clients
1. Initial Consultation: The lawyer assesses the couple's eligibility for a K-1 visa and explains the application process, requirements, and timeline.
2. Petition Preparation: The lawyer assists the U.S. citizen petitioner in gathering necessary documents and evidence, such as proof of citizenship, relationship history, and intent to marry. The lawyer then prepares and files Form I-129F with USCIS.
3. Case Monitoring: The lawyer monitors the petition's progress, responds to any Requests for Evidence (RFE), and communicates updates to the couple.
4. Visa Application and Interview Preparation: Once the petition is approved and forwarded to the appropriate U.S. embassy or consulate, the lawyer guides the foreign fiance through the DS-160 application process and helps them prepare for the visa interview.
5. Adjustment of Status: After the fiance enters the U.S. and the couple marries within 90 days, the lawyer assists the foreign spouse in applying for adjustment of status using Form I-485. This includes gathering evidence of the bona fide marriage and preparing the couple for the Green Card interview.
6. Ongoing Support: The lawyer provides continuous guidance and support throughout the process, addressing any concerns or obstacles that may arise and ensuring the couple remains compliant with immigration laws.
By working closely with an experienced immigration attorney, engaged couples can navigate the complexities of the K-1 fiance visa process and work towards their goal of building a life together in the United States.
