K1 Visa - Fiancé Visa
The K‑1 Fiancé(e) Visa allows U.S. citizens to reunite with their fiancé(e) in the United States and marry within 90 days of entry. We specialize in making the process straightforward and stress‑free, guiding couples through paperwork, interviews, and next steps toward permanent residency.
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 Kansas City, Missouri 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:
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.
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.
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.
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 fiancé(e) visa, there are two different stages of work authorization to understand:
Initial 90‑Day EAD (K‑1 based):
-A K‑1 entrant is technically eligible to apply for employment authorization immediately upon arrival by filing Form I‑765 based on the K‑1 status.
– If approved, this card is valid only for the 90‑day admission period tied to the K‑1 visa.
-Because of the short validity, many applicants skip this step and instead apply for the longer EAD after marriage.
Post‑Marriage EAD (Adjustment of Status based):
-Once the couple marries within the required 90 days, the foreign spouse files Form I‑485 (Adjustment of Status).
-At the same time, they can file a new Form I‑765 (and Form I‑131 for advance parole).
-This EAD is typically approved in 2–4 months and is valid for 1–2 years, renewable while the green card case is pending.
Travel Considerations:
-Until the advance parole (Form I‑131) is approved, the K‑1 entrant should not travel outside the U.S. after marriage and filing the I‑485.
-Departing without advance parole will be treated as abandoning the adjustment case, and re‑entry may be denied.
Reasons for Denial – K-1 Fiancé Visa
A K-1 visa petition may be denied for various reasons, including:
Insufficient Proof of Relationship: Failure to provide credible evidence that the couple has a genuine, bona fide relationship.
Previous Immigration Violations: Prior overstays, deportations, or unlawful entries can affect eligibility.
Criminal or Security Issues: Serious criminal history, security concerns, or involvement in fraud can result in denial.
Failure to Meet Eligibility Requirements: Either the U.S. citizen petitioner or foreign fiancé does not meet the age, marital status, or other qualifying criteria.
Intent to Marry Not Demonstrated: The couple must prove they plan to marry within 90 days of the fiancé entering the U.S.
Financial Support Requirements Not Met: The petitioner must demonstrate the ability to financially support the fiancé using Form I-134, Affidavit of Support.
Note: Denial does not always mean the end of the process. In some cases, re-filing or providing additional evidence may resolve issues.
Path to Permanent Residency
Once married, the foreign spouse can apply for permanent residency (Green Card). The process includes:
Conditional Green Card: Upon approval of the adjustment of status, the spouse will receive a Conditional Green Card valid for two years.
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.
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.
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