K1 Visa - Fiancé Visa

FAMILY IMMIGRATION & CITIZENSHIP

K-1 Fiancé Visa: Navigating the Path to Marriage in the United States with Versfeld & Hugo LLC

The K-1 Fiancé(e) Visa allows U.S. citizens to bring their foreign fiancé(e) to the United States with the intent of getting married within 90 days of entry. This visa is an excellent option for couples planning to marry in the U.S. but requires careful navigation of the application process and adherence to specific requirements. At Versfeld & Hugo LLC, our experienced immigration attorneys provide comprehensive guidance and representation for those seeking a K-1 visa. Contact us today to schedule a consultation and explore your options.

Understanding the K-1 Fiancé(e) Visa Process

The K-1 visa is specifically for U.S. citizens (not lawful permanent residents) who plan to marry a foreign national in the United States. Here’s an overview of the steps involved in obtaining a K-1 Fiancé(e) visa:

  1. Petition Filing with USCIS: The U.S. citizen must first file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship and your intent to marry within 90 days of the fiancé(e)’s arrival in the U.S.

  2. Consular Processing: Once USCIS approves the petition, the case is sent to the U.S. Consulate in the fiancé(e)’s home country. The fiancé(e) must attend an interview, provide necessary documentation, and undergo a medical examination as part of the visa application process.

  3. Visa Approval and Entry: Upon approval of the K-1 visa, the fiancé(e) can enter the United States. The couple must marry within 90 days of entry; otherwise, the fiancé(e) will be required to leave the U.S. If the fiancé(e) does not marry the U.S. citizen petitioner or marries someone else, they cannot adjust their status and must exit the country.

  4. Adjustment of Status: If the marriage occurs within the 90-day timeframe, the foreign spouse can apply for a Green Card (permanent residence) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.


Key Eligibility Requirements for the K-1 Visa

To qualify for a K-1 Fiancé(e) visa, both the U.S. citizen and the fiancé(e) must meet the following requirements:

  • Eligibility to Marry: Both parties must be legally free to marry, meaning any previous marriages must have ended in divorce, annulment, or death.

  • In-Person Meeting: The couple must have met in person at least once within the two years prior to filing the petition. This requirement can only be waived if meeting would violate long-standing cultural practices or result in extreme hardship.

  • Intent to Marry: The couple must intend to marry within 90 days of the fiancé(e)’s arrival in the U.S.

  • Children of the Fiancé(e): Unmarried children under the age of 21 may accompany the fiancé(e) on a K-2 visa.


Work and Travel Permissions for Fiancé(e)s

After arriving in the U.S. on a K-1 visa, the fiancé(e) is eligible to apply for a work permit by filing Form I-765, Application for Employment Authorization. This work permit is usually approved within 60 to 90 days, allowing the fiancé(e) to work while waiting for the Green Card application to be processed.It’s important to note that until the adjustment of status is approved, travel outside the U.S. should be avoided without an approved advance parole document. Exiting the U.S. without this document can result in the inability to re-enter.


Path to Permanent Residency

Once married, the foreign spouse can apply for permanent residency (Green Card). The process includes:

  1. Conditional Green Card: Upon approval of the adjustment of status, the spouse will receive a Conditional Green Card valid for two years.

  2. Removal of Conditions: After two years, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent Green Card. This process requires proof of a bona fide marriage.

  3. Advanced Parole and Work Authorization: While the adjustment of status application is pending, the spouse may apply for advance parole to travel and an Employment Authorization Document (EAD) to work.


How Versfeld & Hugo LLC Can Assist with Your K-1 Fiancé(e) Visa

Navigating the K-1 Fiancé(e) visa process can be complex and challenging. At Versfeld & Hugo LLC, we offer:

  • Comprehensive Application Support: We guide you through the entire K-1 process, from filing the initial petition with USCIS to preparing for the consular interview abroad.

  • Personalized Legal Advice: Our attorneys will review your specific situation to ensure eligibility and help address any potential obstacles.

  • Detailed Documentation Preparation: We assist in gathering all necessary documents, completing forms accurately, and submitting a complete and thorough petition to USCIS and the U.S. consulate.

  • Ongoing Guidance: After the fiancé(e) enters the U.S., we continue to provide support through the marriage, adjustment of status, and beyond.


Contact Versfeld & Hugo LLC for Your K-1 Fiancé(e) Visa Needs

If you are a U.S. citizen looking to bring your fiancé(e) to the United States, Versfeld & Hugo LLC is here to help. Our experienced immigration attorneys provide dedicated legal support to help you navigate the complexities of the K-1 Fiancé(e) visa process. Schedule your confidential consultation with us to explore your options and start your journey toward marriage and permanent residency in the United States. Let us help you bring your loved one to the U.S. with confidence and ease.