Understanding the Benefits of a K1 Visa

For many binational couples, the fastest way to unite in marriage in the US is with a K-1 fiancé visa. This special visa allows your foreign fiancé to enter the US and gives you 90 days to tie the knot.

 

If you’re wondering what’s involved with getting a K-1 visa, this guide covers the basics of eligibility, documentation, timelines, processes, costs, and frequently asked questions. Read on for an overview of how to navigate the K-1 fiancé visa journey.

 

We’re an award-winning California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC in San, Diego California by calling 1-619-299-9600 today.

What is a K-1 Fiancé Visa?

A K-1 nonimmigrant visa, commonly known as a fiancé visa, enables a non-US citizen to enter the United States for the purpose of marrying their US citizen fiancé within 90 days. Once married, the foreign fiancé can then apply to adjust status to become a lawful permanent resident.

 

The K-1 visa provides a potentially faster route to bring a foreign fiancé to the US compared to applying for a family-based green card from abroad. But there are still requirements and processing times to factor in.

Does Your Relationship Qualify for a K-1 Visa?

To start the K-1 visa process, your relationship must meet a few key criteria:

 

• You (the US citizen petitioner) and your fiancé must be legally eligible to be married. You must both be unmarried and eligible based on age requirements in the state where you will wed.

• You and your fiancé must have met in person at least once within the past two years.

• You must have a genuine, bona fide relationship with ongoing communication and ties. Evidence like photos, emails, phone logs can help prove you’re not committing visa fraud.

• You must be able to provide financial evidence that you can support your foreign fiancé. This can be done by filing Form I-134.

• Your foreign fiancé must successfully complete medical examinations and additional application forms.

How to Apply for a K-1 Fiancé Visa

 

The process involves filing forms, documents, and attending an interview. Here are the key steps:

 

• You start by filing Form I-129F with USCIS along with proof of your status, relationship evidence, and financial support documents.

• After USCIS approves the I-129F, they send your case to the National Visa Center to begin consular processing.

• Your fiancé then completes the visa application (DS-160 form), schedules a medical exam, and attends a visa interview at the US embassy or consulate in their home country.

• The consular officer will review your case and make a decision on whether your fiancé qualifies for a K-1 visa.

 

Once approved, your fiancé has six months to use the K1 visa to enter the US.

What’s Next After Your Fiancé Enters the US?

You have 90 days to get married once your fiancé arrives in the US with the K-1 visa. After your wedding, you can apply to adjust your fiancé’s status to a permanent resident. Here’s a quick look at the next steps:

 

• Get married within 90 days and obtain a marriage certificate.

• File Form I-485 to apply for a green card for your new spouse.

• Apply for an Employment Authorization Document and advance parole travel document.

• Attend a green card interview around 6-12 months after applying.

• Receive a green card around 1-2 weeks after interview.

Frequently Asked K-1 Visa Questions

1. How much does a K-1 visa cost?

Between USCIS fees, medical exams, and consular fees, expect costs around $2,000-$3,000. Attorney fees are in addition to this.

2. How long does the K-1 process take?

Around 8-14 months from filing I-129F to visa approval, depending on individual factors.

 

3. Can my fiancé work or travel on a K-1?

 No, those privileges only come after marriage and applying for a green card.

4. Does my fiancé need to know English?

No, but English is beneficial for the subsequent green card application.

5. Can my fiancé bring her children?

Yes, when your fiancé applies for the K-1, K-2 visas for the children can be requested simultaneously.

Selecting Your K1 Visa Attorney

Navigating the intricacies of the K-1 visa process can seem daunting. But with proper preparation and valid documentation, you can successfully bring your beloved to the US for your dream wedding. Consult with an experienced immigration attorney to support you on your K-1 fiancé visa journey.

For your consultation, reach out to Feldman Feldman & Associates PC at 1-619-299-9600 and learn how a legal professional can help.