Are you engaged to a person who lives in another country? Are you wondering what steps you need to take to bring your fiancé to the United States so you can start your new life together? Then keep reading to learn how to obtain a K-1 visa for a foreign fiancé.
What Is a K-1 Visa?
The “K-1 visa” is the technical name for a “fiancé visa.” In order to file for a K-1 visa, you must have seen your fiancée in the last two years. Your fiancée has to marry you within 90 days of entering the United States if they approved for a K-1 visa.
It is important to note that a fiancé visa isn’t the same as a marriage visa. If you get married outside of the United States, you will have to sponsor your foreign spouse so they can file petition I-130. If you are currently engaged to someone living in another country, then you should consult with an experienced immigration lawyer to discuss all of your options.
Eligibility Requirements for the K-1 Visa
To obtain a K-1 visa for your fiancé, you must meet the following requirements:
- You both must be single and eligible for marriage under U.S. law.
- You must provide divorce or death certificates if you or your fiancé have ever been married in the past.
- To sponsor your finance, you must be a U.S. citizen. If you have a U.S. green card, you won’t be eligible for the K-1 visa.
- You will have to prove the authenticity of your relationship by providing photos, letters, and written statements from people who have seen you with your fiancé.
- You must prove you intend to get married within 90 days of arriving in the U.S.
- You must prove you have seen each other in person at least once in the last two years. Certain religious practices and extreme hardship can be claimed to waive this requirement.
- You and your spouse will have to meet certain income requirements based on the number of people in your household.
K-1 Visa Requirement
When you apply for a K-1 fiancé visa, you will need to go through the following process:
- You need to complete and submit Form I-129F. You must also pay a $535 filing fee.
- If your petition is approved, you will be assigned a case number. The paperwork for the case will be sent to the closest U.S. embassy or consulate near your fiancé.
- Your finance must complete and submit Form DS-160. Your fiancé must also pay a $265 visa fee.
- Your finance will be interviewed at the U.S. embassy or consulate.
- If the interview goes well, your spouse will receive a visa stamp on their passport. They must use the passport to enter the United States within 6 months.
The steps listed above usually take about 7 months to complete. After you finish this phase of the visa process, you need to take the next steps:
- You need to get married within 90 days of arriving and file Form I-485. You must also pay a $1,140 filing fee and $85 for biometric fingerprinting.
- If your fiancé plans to travel to or work in another country during the application process, they need to file for a work permit and travel permit.
This last part of the process generally takes about 6 months to complete.
Contact Our Immigration Lawyers in San Jose
At Verma Law Firm, we are here to provide you with the comprehensive legal services you need to obtain a K-1 visa for your spouse. Stop by our law firm today to speak to our dedicated legal professionals about your situation. We can devise a strong legal strategy that will ensure your best interests are protected throughout the immigration process.
Call (408) 560-4622 to schedule your case evaluation today. We are here to serve you!