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Demystifying the K-1 Fiancé Visa: Key Insights You Must Know

👩‍❤️‍👨 The K-1 fiance visa is for foreign fiance(e)s of U.S. citizens who plan to marry and live together in the United States. Here are three critical points to understand about the K-1 visa:

1️⃣ Purpose and Eligibility:

The K-1 visa is for couples with a genuine intention to marry. They must do so within 90 days of the foreign fiance(e) entering the United States. To qualify, the U.S. citizen petitioner and foreign fiance(e) must have met in person at least once within two years preceding the visa petition filing. There are limited exceptions.

2️⃣ Application Process for the K-1 Visa:

Only a U.S. Citizen can sponsor for the K-1 visa. The K-1 visa process involves several steps:
🔹a. The U.S. citizen files a Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS).

🔹b. After USCIS approves the petition, they forward it to the National Visa Center (NVC). NVC will then send it to the U.S. embassy or consulate in the foreign fiance(e)’s home country.

🔹c. Prepare an online DS-160 visa application and the I-134 Affidavit of Support. After uploading the visa application, the affidavit of support for the fiancé comes to the interview. Order the police clearance at this point.

🔹d. The foreign fiance(e) will attend a visa interview at the U.S. embassy or consulate, undergo medical examinations, and submit required documents. Documents include: visa application confirmation page; affidavit of support; police clearance; birth certificate and divorces for the couple; valid passport for travel.

🔹e. If approved, the K-1 visa issance allows the foreign fiance(e) to enter the U.S. Once in the U.S., the couple must marry within 90 days of the foreign fiance(e)’s arrival.

3️⃣ Adjustment of Status:

🔸After entering the US and the couple’s marriage, the foreign spouse can apply for adjustment of status. They can then become a legal permanent resident (green card holder). This process involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status). This also typically includes an interview with USCIS.
🔸Once the foreign spouse receives their green card, they can live and work in the U.S. Eventually, they can apply for U.S. citizenship through the naturalization process.

🤝It’s essential to follow the K-1 visa process carefully, as any missteps or misrepresentations can lead to delays or denials. Additionally, the 90-day window for marriage after the foreign fiance(e)’s arrival is strict, so planning and timing are crucial. Consulting with an immigration attorney is necessary to navigate the K-1 visa process successfully. We have had many K-1 Fiance visas approved for our clients, who became permanent residents, even in the most complex situations. Give us a call today to start your K-1 Fiance Visa journey!