Fiancé(e) K-1 Visas

Do You Need a Fiance Visa? Let Our Jacksonville Immigration Lawyer Guide You

Are you ready to exchange vows with your American partner? The Fiancé(e) K-1 Visas serve as your golden ticket to a happily ever after in the United States. This special visa allows your foreign fiancé(e) to join you in the U.S. for marriage. However, having a Jacksonville immigration lawyer on your side is like having a GPS for your romantic adventure because handling the visa process can be challenging.

The K-1 Visa process can be complex, but you can handle it successfully with proper guidance and preparation. From gathering the necessary documents to attending interviews, every step is essential. Let’s discuss the specifics of the Fiancé(e) K-1 Visa if you’re prepared to start this exciting new chapter in your relationship. 

Quick Summary:

• A Fiancé(e) K-1 Visa allows a foreign fiancé(e) to enter the U.S. to marry their U.S. citizen sponsor within 90 days. The couple must prove a genuine relationship and that they’ve met in person within the past two years, with some exceptions. The U.S. citizen petitioner must show intent to marry, and the foreign fiancé(e) must be legally free to marry. After the wedding, the foreign spouse can apply for permanent residency.
• The K-1 visa application process starts with the U.S. citizen filing Form I-129F to prove their relationship and intent to marry. Once approved, the foreign fiancé(e) applies for the visa, attends an interview at the U.S. embassy, and submits required documents. After receiving the K-1 visa, they must marry within 90 days of arriving in the U.S. Finally, the foreign spouse can apply for a green card by filing for adjustment of status.
• Failing to marry within 90 days after the fiancé(e) arrives in the U.S. will result in visa expiration, requiring them to leave the country. A Jacksonville K-1 visa lawyer helps you with the process and paperwork to avoid delays. Their support is tailored to your situation for the best chance of getting the visa. If issues come up, they can help solve them quickly.

What is  Fiancé(e) K-1 Visa?

A Fiancé(e) K-1 Visa is a nonimmigrant visa that allows a foreign national to enter the United States to marry their U.S. citizen sponsor. This visa is specifically for couples who plan to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S. Unless an exception applies, the K-1 visa application requires proof of a bona fide relationship, including evidence that the couple has met in person within the past two years. After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident.

To obtain a K-1 fiancé(e) visa, the U.S. citizen petitioner and the foreign fiancé(e) must meet specific eligibility criteria. These requirements ensure that the couple intends to marry within the required time frame and that both individuals can legally do so.

Who Qualifies for a K-1 Visa?

To obtain a K-1 fiancé(e) visa, the U.S. citizen petitioner and the foreign fiancé(e) must meet specific eligibility criteria. These requirements ensure that the couple intends to marry within the required time frame and that both individuals can legally do so.

For the U.S. Citizen Petitioner:

• The petitioner must be a U.S. citizen; green card holders are not eligible to apply for a K-1 visa.
• There must be clear proof of intent to marry the foreign fiancé(e) within 90 days of their arrival in the U.S., often demonstrated through wedding plans or signed statements of commitment.

For the Foreign Fiancé(e):

• The foreign fiancé(e) must be legally eligible to marry, meaning any previous marriages must be terminated through divorce, annulment, or the death of a prior spouse.
• The couple must have met in person at least once in the two years before filing the petition unless cultural or extreme hardship circumstances prevent this, in which case a waiver may be requested.

What are the Steps of the K-1 Visa Process?

Applying for a K-1 visa, also known as a fiancé(e) visa, is a multi-step process that involves filing petitions, attending interviews, and submitting documentation. This guide outlines the six essential steps to manage the K-1 visa application process successfully.

1. File Form I-129F (Petition for Alien Fiancé(e))

The U.S. citizen petitioner must file Form I-129F with U.S. Citizenship and Immigration Services (USCIS) to initiate the process. This form establishes the petitioner’s relationship with their foreign fiancé(e) and shows the intent to marry within 90 days of arrival in the U.S.

2. Receive USCIS Approval and Forwarding to the National Visa Center (NVC)

Once USCIS approves the I-129F petition, it forwards the application to the National Visa Center (NVC). The NVC will assign a case number and transfer the petition to the U.S. embassy or consulate in the fiancé(e)’s home country.

3. Apply for the K-1 Visa at the U.S. Embassy or Consulate

The foreign fiancé(e) will receive instructions on applying for the K-1 visa, including completing Form DS-160 (Online Nonimmigrant Visa Application). They will also need to gather and submit required documents, such as proof of the relationship, birth certificates, and police clearance.

4. Attend the Visa Interview

The foreign fiancé(e) must attend an in-person interview at the U.S. embassy or consulate. During this interview, the consular officer will review the submitted documentation and ask questions to verify the authenticity of the relationship.

5. Receive the K-1 Visa and Travel to the U.S.

If the visa is approved, the foreign fiancé(e) will receive the K-1 visa stamped in their passport, allowing them to travel to the U.S. Once in the U.S., the couple must marry within 90 days of the foreign fiancé(e)’s arrival.

6. Apply for Adjustment of Status (Form I-485)

After marriage, the foreign spouse must apply for adjustment of status (Form I-485) to become a permanent resident (green card holder). This process involves submitting additional documents and attending a biometrics appointment to complete the transition from a K-1 visa holder to a lawful permanent resident.

What Happens if I Don’t Marry Within 90 Days?

If a couple fails to marry within 90 days of the fiancé(e)’s arrival, the K-1 and K-2 visa statuses automatically expire. Once expired, the fiancé(e) and any accompanying children must leave the U.S. to avoid violating immigration laws. Staying beyond the visa period could result in deportation and impact their chances of receiving future U.S. immigration benefits.

In cases where marriage occurs after the 90-day window, the U.S. citizen can file Form I-130, Petition for Alien Relative. This form initiates the process for the foreign spouse to obtain a green card. However, the fiancé(e) typically cannot apply for a green card through any other route except marriage to the original U.S. petitioner.

Why Do I Need a Fiancé(e) K-1 Visa Lawyer in Jacksonville, Florida?

Understanding the K-1 visa application process can be overwhelming, especially when you’re focused on planning your future together. A knowledgeable fiancé(e) K-1 visa lawyer can provide invaluable assistance and support to help ensure a smooth application process.

• Experienced Guidance Through the Process. A K-1 visa lawyer can explain the application procedure and ensure you comprehend all requirements and documents. Their knowledge helps you avoid missing key steps that could postpone your visa application.
• Personalized Support for Your Unique Situation. A competent lawyer may tailor their counsel to your situation and relationship history. Addressing any problems with a customized approach will improve your immigration chances.
• Assistance with Complicated Legal Forms. K-1 visa applications demand precise and accurate information on multiple complicated forms. A lawyer can help you fill out these documents appropriately, lowering the risk of errors, delays, denials, or extra scrutiny.
• Representation in Case of Challenges. Legal representation during the visa application procedure might be invaluable. They can represent you in immigration talks, helping you address issues and keep your marriage preparations on track.

Contact Our Jacksonville Fiancé(e) K-1 Visa Attorney Now!

Love knows no borders. At Scarborough Law, we understand that securing a K-1 fiancé(e) visa is vital in bringing your loved one to the U.S. We know that the process can be overwhelming. Still, our immigration lawyer in Jacksonville, Florida, is committed to providing you with personalized guidance every step of the way. 

Your future together is essential; having an experienced K-1 visa attorney on your side can make all the difference. With our extensive knowledge of the application process and dedication to our clients, we strive to simplify your experience and help you achieve a successful outcome. Reach out to us today to schedule a consultation.

Don’t let distance keep you apart. Get your K-1 visa today. We can also help you with other services:

• Business Immigration
• Employment-Based Immigrant Visa  
• Victim-based Visa and more.