Fairfax K1 Visa Attorneys

A Comprehensive Guide to the K1 Fiancé Visa: Bringing Your Love to the United States

If you're engaged to a US citizen and wish to enter the United States for the purpose of marriage, the K1 fiancé visa can be your pathway. In this blog post, we provide a detailed overview of the K1 visa process, including eligibility requirements and the necessary steps to obtain this visa category.

Understanding the K1 Fiancé Visa

The K1 visa enables foreign fiancé(e)s of US citizens to enter the United States with the intention of getting married within 90 days of arrival. It is a temporary visa that opens the opportunity for the foreign fiancé(e) to apply for lawful permanent residency (Green Card) after marriage.

Eligibility for the K1 Visa:

To qualify for the K1 visa, couples must meet specific criteria, including:

  • The US petitioner must be a US citizen.
  • Both parties must be legally free to marry.
  • The couple should have met in person within the two years preceding the visa application, unless an exception exists based on cultural or religious traditions or extreme hardship.

The K1 Visa Application Process

The K1 visa application involves several essential steps:

  • Filing Form I-129F: The US citizen petitioner submits this petition to the US Citizenship and Immigration Services (USCIS), establishing the intent to marry their foreign fiancé(e).
  • USCIS Processing: Once approved, the petition is forwarded to the US Department of State's National Visa Center for further processing.
  • Visa Application and Interview: The foreign fiancé(e) completes the necessary visa application forms, attends a visa interview at the US Embassy or Consulate in their home country, and undergoes a medical examination.
  • Visa Issuance and Travel: If the visa is approved, the foreign fiancé(e) receives the K1 visa, allowing entry into the United States for the purpose of marriage within the designated timeframe.

Post-Entry Requirements

After entering the United States on a K1 visa, the couple must fulfill certain obligations, such as:

  • Getting Married: The couple must marry within 90 days of the foreign fiancé(e)'s arrival in the United States.
  • Adjustment of Status: Following marriage, the foreign spouse can apply for adjustment of status to obtain lawful permanent residency (Green Card).
  • Conditional Residence: If the marriage occurred less than two years before obtaining permanent residency, the foreign spouse will be granted conditional permanent residency, subject to additional requirements.

Considerations and Important Reminders

  • Proper Documentation: Providing accurate and complete documentation throughout the K1 visa process is crucial.
  • Timely Preparation: Initiate the visa application process well in advance to account for any unforeseen delays.
  • Seek Professional Guidance: Consulting with an experienced immigration attorney can help navigate the complex requirements and ensure a smooth process.

Contact Our K1-Visa Lawyers

The K1 fiancé visa offers an exceptional opportunity for engaged couples to unite in marriage within the United States. By understanding the eligibility requirements and following the necessary steps, couples can successfully navigate the K1 visa process and embark on a future together. Remember, each case is unique, so seek guidance from an experienced immigration attorney to receive personalized assistance throughout your visa application journey.

If you need help filing for a K-1 Visa, please contact Murray Osorio PLLC at 800-929-7142 or fill out a form on our website to request a consultation with a family-based immigration lawyer in Fairfax. We also offer services in Spanish.