San Diego Fiancé Visa Attorney
Helping Clients Obtain K Visas
A United States citizen who is engaged to marry their foreign fiancé is permitted to bring them from overseas to the United States with a K-1 fiancé visa. This type of visa requires that you get married within 90 days. If your fiancé has children under 21 years of age, they can also come with a K-2 visa.
Our immigration laws also allow American citizens to apply for a K-3 visa if they choose to get married in their fiancé’s home country first and then bring their spouse to the United States. The Rodriguez Law Firm has had the pleasure of helping many clients with their fiancé visas.
Requirements for a K-1 Fiancé Visa
To petition for a K-1 fiancé visa, you must meet the following requirements:
- You are a U.S. citizen
- You have met your fiancé in person at least once within the past two years
- You are both single, i.e. free to marry
- You and your fiancé have no disqualifying criminal history
- You can financial support your fiancé
If you or your future spouse have a disqualifying criminal history, you can apply for a waiver. Additional waivers are available if meeting your spouse in person would cause an extreme hardship or violate strict, long established cultural practices for either you or your fiancé.
Required Documentation for the K-1 Visa
In addition to proving that you are in a bona fide relationship with your fiancé, the NVC will want to see many different types of supporting documents.
To get the K-1 Visa, the U. S citizen and foreign fiancé must:
- Correctly complete and file the form I-129 petition for alien fiancé
- Prove the petitioner is a United States citizen through a U.S. birth certificate or naturalization certificate
- Prove that they are legally able to marry each other (not married to someone else)
- Get married within 90-days of admission to the United States
- Prove they met in person at least once within two years (unless exception)
- Pay all filing fees, passport type photo, and complete biometrics
- Provide an affidavit of support to show you meet minimum income requirements
- Provide any criminal records or police clearance letters, if applicable
- Provide a divorce decree, if applicable
The K-1 Fiancé Visa Process
Applying for a K-1 visa can take anywhere between 6-12 months. The process does not have a premium processing service option. However, you can take certain steps to reduce both delays and the chances of your visa being denied.
Process for Obtaining a K1 Fiancé Visa
- The process starts when you send the petition to the USCIS office.
- Once the application is approved it will be forwarded to the National Visa Center (NVC).
- If the petition, background checks, and supporting documents are all in order, then the NVC will request the fiancé undergo a medical exam at a medical facility of their choice.
- Your fiancé will be scheduled for an interview and if the petition is approved then she or he will be allowed to enter the United States with their K-1 visa.
- You must provide any necessary documents, such as letter of intent to marry and proof of the authenticity of your relationship. You must ensure you are eligible to marry your partner, providing divorce or annulment records for previous marriages if necessary. An immigration attorney can best help you prepare your case and provide you peace of mind in your application.
K-2 Visa for the Children
The K-2 visa will permit the children of a K-1 fiancé visa holder to enter the United States. To be eligible for the K-2 visa the fiancé’s child or children must be under 21 years old and not married. The K-2 visa will give the child the option to accompany their K-1 parent to the United States. Once the U. S. citizen and fiancé get married the child can adjust their status to permanent resident by filing their own form I-485.
K-3 Visa or Marriage Visa or Foreign Spouse
This visa is available to the foreign spouse of a U. S. citizen that is living abroad to enter the United States. The K-3 visa allows the foreign spouse of a U. S. citizen who has already filed the I-130 Petition to enter the United States and wait for approval of the form I-130 petition. You will be required to show proof that you filed the I-130 Petition Proof of the I-130 should be included with the K-3 visa application. Once your I-130 is received they will send you a receipt which can be used to file the form I-129F Petition for Fiancé visa. When USCIS approves the petition, they will send it to the National Visa Center for processing.
The K-3 visa is an option created to permit the foreign spouse to enter the United States and be with their U. S. spouse while waiting for the process of an immigrant visa or their green card. But the processing time for the K-3 visa is currently too long and not recommended by many immigration attorneys.
Contact our office and speak with a San Diego immigration attorney to explore your options.
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