K-1 Visa for Fiance or Fiancee

Getting a visa to move or travel to the United States can be a challenging process. For U.S. citizens who live in the United States, their foreign fiancées may travel to the U.S., on what is known as a K-1 visa. The following reviews the requirements for a K-1 fiancé visa to enter the U.S.  Or, you may click here to connect with an attorney for a free quick evaluation of your case.

Eligibility Requirements

Eligibility starts with the petitioner – the U.S. citizen who wishes to bring his or her foreign fiancé to the United States.

The petitioner must prove (1) that he/she is a United States citizen and (2) that he/she plans to marry the fiancé within 90 days’ time of the fiancé entering the United States.

The couple must demonstrate each is free to marry (not already married and are of age to marry) and that the couple has seen each other at least once, in person, within two years of filing the petition for a fiancé visa.

Process – How to Apply for a Fiancé Visa

The U.S. citizen petitioner will file the I-129F, Petition for Alien Fiance, the United States Citizenship and Immigration Services (“USCIS”),  an agency of the Department of Homeland Security (“DHS”).  It is very important that this document in completed in full and is accurate.  It must also be submitted with documentation.

When the I-129F petition is approved, the fiance(e) abroad will be notified to continue the process by applying for a visa and attending an interview at the consulate.

What’s Next?

After the K-1 visa is granted, the fiance(e) travels to the U.S.  The couple then has 90 days to get married and for the foreign spouse to apply for adjustment of status (green card) as an immediate relative.  Note that this visa only allows the foreign fiance(e) to marry the petitioning U.S. citizen. It does not permit marriage to another U.S. citizen.

K-1 or Spousal Visa: Which Option is Better?

You may be considering whether you should bring your future spouse to the U.S. as your fiancé (on a K-1 visa) or to get married first and petition for a spousal immigrant visa for him/her to come to the U.S. There is not one option that is definitively better than the other, as there are various factors that make each option different and will depend on which of the factors are most important to you and your fiancé. For an overview of the different factors to consider when deciding which option is best for you, click here.

Helping You Navigate the Complex Immigration System 

If you are a U.S. citizen currently living in California, and you are engaged to a foreign citizen who does not have a visa, the Law Office of Alison Yew can help you to navigate the complex immigration visa system. At the Law Office of Alison Yew, our experienced Silicon Valley immigration attorney knows how important it is that your fiancé receives their the correct visa, and we also know how costly a small error or a forgotten document can be in terms of time. To improve chances of a quick approval the first go-around, contact our offices today. You can reach us now by phone or online for a case evaluation.