International long-distance relationships are becoming increasingly common. Although difficult and generally costly, some star-crossed lovers make an effort to keep the relationship alive. When they want to take things to the next level and get married, this step can unfortunately pose even more challenges than before. To bring their partner legally into the country for the purpose of getting married, they’ll need to apply for a K-1 fiancé(e) visa.
Let MyImmigration help close the gap between you and your fiancé(e).
Bringing your partner into the country so that we can become wedded partners shouldn’t be taken lightly. You don’t want to prolong the start of a new life together by filing incorrectly or not filing at all. To ensure you take this big step responsibly, it’s crucial to work with an experienced Miami K-1 fiancé(e) visa lawyer.
Let us help you navigate the fiancé(e) visa requirements today.
For something as important as your upcoming marriage and life together, you’ll want to ensure that you follow all U.S. immigration regulations. However, understanding how the fiancé(e) visa works and correctly applying for one isn’t as easy as filling out a form. To ensure you do this correctly, it’s best to work with a Miami fiancé(e) visa lawyer. Our team of compassionate immigration experts will help you navigate the complexities of U.S. immigration laws and regulations.
Once you’ve made the decision to marry your faraway foreign-born partner, it’s not as easy flying them to the States, getting married, and living out your lives together in wedded bliss. United States immigration laws are strict, and to not follow their policies could land you in hot water.
You may think that your fiancé(e) can enter the country on a tourist visa, and then the two of you get married. In the eyes of USCIS (United States Citizenship and Immigration Services), this would be considered visa fraud. Also, once their visa expired, despite being married to a U.S. citizen, they would have to leave the country. The K-1 fiancé(e) is specifically designed so the foreign-born spouse does not have to leave the country and can file for an adjustment of status while their green card application is being processed.
Here’s a look at the K-1 visa process:
The first step is to complete Form I-129F (Petition for Alien Fiancé(e)), which the partner in the U.S. will do. This initiates bringing their foreign-born partner into the country on a K-1 visa. They will need to provide proof of a romantic relationship, which is usually accomplished with photos, travel records, emails, and texts. Processing times can vary, but expect this part of the process to take at least a few months.
USCIS will review the petitioner’s information. It’s common for them to send a Request for Evidence (RFE), which will slow down the process. They may want to see further evidence of a romantic relationship or more proof that the U.S. citizen can financially provide for the partner. Once approved, they’ll receive a Notice of Action (Form I-797), and the case will be forwarded to the National Visa Center.
The petition will be forwarded to the U.S. embassy or consulate in the fiancé’s country once the NVC assigns a case number.
Next, the foreign fiancé(e) must complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule an interview at their local embassy or consulate. Required documents include their passport, medical examination, and proof of a romantic relationship.
Once approved, the foreign-born fiancé(e)’s passport will include a K-1 visa. They must enter the United States within six months and have a 90-day marriage window.
After the marriage, the foreign-born spouse can file Form I-485 (Application to Register Permanent Residence or Adjust Status). This starts the clock for their two-year conditional residency. Ninety days before this two-year period ends, they must file Form I-751 to change the two-year conditional green card to a permanent one.
Don’t start your marriage with immigration issues. To ensure that your fiancé(e) K-1 visa is accepted and approved the first time, you’ll want to ensure that you’ve followed all of the proper steps to the letter of the law.
Schedule an appointment with a K-1 visa lawyer today and see how MyImmigration can help.
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