Immigration Lawyer / Immigration Attorney

Phone

(206) 488-9030

Introduction

The K-1 Fiancé Visa permits a person to enter the United States to marry a US Citizen. If you are already married, you may not use this visa. You must marry your US Citizen fiancé within 90 days of your arrival in the US. As long as you marry within that time, you may remain in the United States while you file a separate application to become a Lawful Permanent Resident (green card holder).

Eligibility Requirements

You are eligible for the K-1 Fiancé Visa if:

  • You are engaged to a US Citizen (you may not obtain a u-visa if you are engaged to an LPR);
  • Both you and your spouse are legally eligible to marry (if you have been previously married, you will need documentation regarding all prior marriages and divorces);
  • You must have a genuine intent to marry your US Citizen fiancé upon arrival to the US;
  • You and your fiancé must have met in person within the past two years.

Process

First, your US Citizen fiancé must submit Form I-129F. Your fiancé will need to submit documents, for example his or her US birth certificate or certificate of Naturalization, photographs of the two of you together, and a brief letter describing your history together. Once you have prepared the Form I-129F packet, you will send it to USCIS.

Then, assuming that your petition is approved, you will receive a packet from the National Visa Center (NVC) which includes additional forms to be completed. After completing and returning the NVC forms, the US Consulate will send you a packet which includes instructions, forms and an appointment notice. The appointment notice will state the date of your US Consulate interview. The instructions will explain the actions you need to take, for example, instructions about obtaining your medical examination. Also, the instructions will provide you with a list of documents that you need to bring with you to the interview, for example, originals of documents submitted with your visa petition, your birth certificate, and passport photos.

Next, you will attend the interview, and if approved, you will enter the US with your fiancé visa. You must then get married within 90 days of entry. After your marriage, you will want to adjust status which requires the filing of Form I-485 Adjustment of Status which is an entirely separate process from the Fiancé Visa.

Filing Fees

Form I-129F Petition – $340. You will also need to pay a $265 visa issuance fee to the Department of State (DOS). Finally, keep in mind that you will need to pay for a medical examination.

Conclusion

Fiancé visas are very exciting. After completing the process, you may lawfully enter the US and you can start living your life together. Please call our office today to begin the application process.