Navigating the complexities of immigration law can be challenging, especially when it comes to uniting with loved ones from different countries. The K-1 fiancé visa is a popular route for U.S. citizens who wish to bring their foreign fiancés to the United States to marry. At Pozo Goldstein, LLP, our experienced Miami immigration lawyers are dedicated to helping couples start their new lives together with ease. In this post, we’ll answer some frequently asked questions about the K-1 fiancé visa process.
What is a K-1 Fiancé Visa?
The K-1 visa allows a foreign national fiancé of a U.S. citizen to enter the United States for the purpose of marriage. The marriage must take place within 90 days of the fiancé’s arrival. After the marriage, the foreign national can apply for an adjustment of status to a permanent resident (green card holder).
Who is eligible for a K-1 Visa?
To be eligible for a K-1 visa, the petitioner must be a U.S. citizen, and both the U.S. citizen and their fiancé must have met in person within the last two years unless meeting in person would violate strict and long-established customs of your fiancé’s foreign culture or social practice, or result in extreme hardship to the U.S. citizen.
What are the main steps in the K-1 Visa process?
- Petition for Alien Fiancé(e) (Form I-129F): The U.S. citizen sponsor must file this form with U.S. Citizenship and Immigration Services (USCIS), providing proof of their intention to marry and details of their relationship.
- Visa Application: Once the petition is approved, the foreign fiancé must apply for the K-1 visa at a U.S. embassy or consulate in their home country. This involves preparing documents, attending a medical examination, and participating in a visa interview.
- Entry and Marriage: After receiving the K-1 visa, the foreign fiancé can travel to the U.S. The couple must marry within 90 days of the fiancé’s arrival.
- Adjustment of Status: Following the marriage, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident.
What documents are needed for the K-1 Visa application?
Typically, you will need to provide:
- Proof of U.S. citizenship for the sponsor
- A valid passport for the foreign fiancé
- Birth certificates
- Divorce or death certificates of any previous spouses for both parties
- Evidence of the relationship, such as photographs, correspondence, and joint activities
- Police certificates from the foreign fiancé’s current country of residence and all countries where they lived since age 16
How long does the process take?
The processing time for a K-1 visa can vary significantly based on individual circumstances and the workload of USCIS and the consulate processing the visa. Generally, it can take anywhere from 6 months to a year from the date of application to when the visa is issued.
Are there any common issues or complications?
Common issues include failure to meet the face-to-face meeting requirement, insufficient evidence of the relationship, and previous visa violations by the foreign fiancé. Working with an experienced Miami fiancé visa lawyer can help avoid these pitfalls.
Why choose Pozo Goldstein, LLP?
At Pozo Goldstein, LLP, our team of former immigration prosecutors and a former judge offers a unique insight into the intricacies of U.S. immigration law. Our Miami immigration lawyers have a deep understanding of the challenges and nuances of the K-1 visa process and are committed to providing personalized and effective legal solutions.
We understand how important it is to ensure a smooth and stress-free process for our clients, and our track record speaks for itself. With decades of combined experience, we stand ready to assist you in bringing your fiancé to the United States and guiding you through the subsequent steps towards residency.
Contact a Miami Fiancé Visa Lawyer
If you’re planning to bring your fiancé to the U.S., don’t navigate the complex path alone. Contact Pozo Goldstein, LLP today and let our seasoned Miami immigration lawyer help you through each step of your K-1 fiancé visa process. Reach out to us for a consultation, and let us help you begin your new life together with confidence.
