Congratulations, you’ve decided to get married. Now what? Our office can assist you in starting your forever after. We will walk with you through the immigration process so that you and your Fiance can marry and begin your lives together in the United States.
What is a Fiance Visa?
A Fiance Visa (also known as a K1 Visa or Fiance Visa) allows a U.S. Citizen to bring their Foreign National Fiance to the United States to get married. Once the Foreign National Fiance enters the United States, the couple has 90 days to get married. If you are a U.S. Citizen interested in bringing your Fiance to the United States to get married, this is a great option for you.
What is the K1 Fiance Visa Process?
There are several preconditions that must be met before a Foreign National Fiance can qualify for a Fiance Visa. Both parties must be free to marry. The parties must have met within the past two years of filing the Petition for the K1 Fiance Visa. And the parties must have a serious intention to marry within 90 days of the Foreign National Fiance entering the United States. Additionally, the U.S. Citizen will submit an Affidavit of Support to show that he or she can financially support their Fiance once he or she has moved to the U.S.
A U.S. Citizen, called the Petitioner, will file a Petition for their Fiance to obtain a K1 Fiance Visa. This petition is called the I-129F or Petition for Alien Fiance. The Petition is sent to the United States Citizenship and Immigration Services (USCIS), where it will be processed. The Petition will include proof that the parties meet the qualifications to obtain the visa. These qualifications include proof that the parties are free to marry, that they have met within 2 years of filing the Petition, the parties intend to marry within 90 days of the Fiance’s entry into the United States and the ability of the Petitioner to sponsor their Fiance after marriage.
The time it takes for USCIS to process the Petition for Alien Fiance varies. USCIS will send a receipt notice once the Petition has been accepted. They will review the Petition to determine if all the information needed to make a decision is included in the Petition. If additional information is needed, they will send a Request for Evidence (RFE) requesting additional information. After USCIS has reviewed the Petition and proof of qualification, they will issue a decision. The decisions is issued through a Notice sent to the Petitioner and their attorney.
How Long Does it Take For USCIS to Get an Approval of the I129F Petition for Alien Fiance?
Processing times vary depending on where the U.S. Citizen Petitioner lives. Generally speaking, the processing times range between four (4) to nine (9) months. The benefit of hiring Penton Law Offices, Pllc. is that we help ensure the information needed to make a decision is included in the Petition. We can quickly address any issues with the Petition that could cause delay so that USCIS can make the speediest decision possible for the Petitioner and their Fiance. Once the Petition is approved, the application will be sent to the U.S. Embassy or Consulate where the Foreign National Fiance lives.
What Happens After the Petition is Approved?
Once the U.S. Embassy or Consulate has received notification that the application has been approved by USCIS, it will send a notice to the Foreign National Fiance with instruction on how to begin the process of applying and obtaining the K1 Visa. The Foreign National will apply for the visa usually through a visa application online. They will be required to undergo a medical exam by an authorized physician and attend an interview. The Foreign National Fiance will also be required to bring a list of documents with them to the interview.
How long does it take for the U.S. Embassy or Consulate to process the K1 Fiance Visa?
Each U.S. Embassy or Consulate differs in how they process the K1 Fiance Visa. Generally speaking, the process could take anywhere from two (2) to four (4) months. Once the Fiance has had their interview and a decision is made to issue the visa, the Foreign National Fiance should receive their visa to enter the United States within a few days to a few weeks.
What Happens After my Fiance Receives their K1 Visa?
The Foreign National Fiance will have a 6-month period of time to travel to the United States to get married. Once the Foreign National Fiance arrives in the United States, the couple must marry within 90 days of arrival.
My Fiance has Children. Can they come to the United States as well?
Yes, so long as the children are eligible, the Foreign National Fiance can bring their children. The children must be included on the I129F Petition for Alien Fiance, and they must also a file for a K2 visa at the U.S. Embassy or Consulate.
Why Might a K1 Fiance Visa Be Denied?
There are many reasons why a Fiance visa could be denied. Some reasons include incomplete documentation, medical concerns, a criminal background, lack of proof that the relationship is a legitimate relationship or insufficient documentation that the U.S. Citizen Petitioner can financially support their intended spouse. Penton Law Offices, Pllc. can address many of these issues before a Petition is filed.
Can Same Sex Couples Apply for a Fiance Visa?
Yes! Penton Law Offices, Pllc. files many same sex Petitions!
What Happens After We Marry?
Once the parties marry, the Foreign National Fiance will then begin the process of becoming a Permanent Resident. Which will require filing additional Applications/Petitions with USCIS.
Let us help you begin your forever after. Call now to schedule an appointment.