Do You Have A Fiancé You Want To Bring To The US?
If you are interested in bringing your Fiancé to the United States from a foreign country, you may be able to file for what is known as the Fiancé Visa (k-1). A k-1 is a non-immigrant Visa filed on behalf of your fiancé that allows him/her to travel into the US for a period of 90 days. You must fulfill the marriage before that time or run the risk of your fiancé having to leave the United States. The fiancé visa does not provide a permanent status, thus the need to marry in a timely manner. In addition, filing for the K-1 Visa affirms that you will be financially responsible for your fiance until such time as they arrive and have applied and been approved for a work visa.
What Are The Requirements For Filing A K-1?
First and foremost, you have to be a United States Citizen in order to be eligible to apply. Being a green card holder does not qualify you to bring your fiancé to the US with a Fiancé Visa.
Complexities Of Filing A K-1
The K-1 filing process can be confusing and frustrating. It is vital that the application be made correctly and that you review the application thoroughly so as to attest to the fact that it is 100% accurate. Any minor inaccuracy can cause legal problems for you. An experienced Fiancé Visa Immigration Attorney can help guide you through the process and make sure that all of your “I’s” are dotted and all of your “T’s” are crossed. There are five requirements needed in order to petition for a fiancé visa. These requirements include:
- Sponsorship by the US Citizen fiancé
- The sponsor is legally free and clear to marry
- Sponsor intends to marry fiancé within 90 days of arrival
- Sponsor had at least a two-year relationship with the fiancé
- The Sponsor meets the financial requirements (including using a co-sponsor if applicable)
What Steps Do I Take To Apply?
This is not an overnight process, in fact, it can last months or years depending on the country that your fiancé lives in. You will be working with an communicating with various agencies in order to ultimately facilitate your fiancé approval and travel. You will need to:
- File the USCIS For I-129F (Alien fiancé petition) which will be reviewed with necessary documentation provided by you in accordance with their instructions. Once your eligibility is approved, which may take time, the USCIS will then approve the form and send it to the National Visa Center for further steps.
- The next step is the DOS Visa Application which will have sent the I-129F on to the Consulate or the US Embassy in your fiancé’s country to then apply for the k-1 visa. The Embassy or Consulate will notify your fiancé with a scheduled interview date. Your fiancé will attend the interview for the k-1 application along with documents in hand. The DOS will then determine your fiancé’s eligibility at that time.
- Port Of Entry Inspection is next. Once your fiancé has been approved for the k-1, they will be allowed to travel to the states during the valid dates allotted. The k-1 in no way promises or guarantees admission into the US.
- The marriage takes place before the 90 days and further application for LPR/Citizenship.
Each of the aforementioned steps will involve some level of a check system that includes both background checks and biometric testing. The process can be lengthier for some that it is for others so, it is important not to try and gauge your progress, nor should your fiancé try to gauge the process based on what the experience was for a friend-of-a-friend or so-and-so’s cousin. Not two K-1 cases are created equal.
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One of the most important elements of your immigration case will depend on your immigration lawyers skills and ability. If you need assistance, contact our office today for reliable advice and guidance.