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Processing Time Notice – On August 28, 2020, the Department of State released a statement that embassies and consulates are permitted to process fiance visas as a “high priority.” However, some couples are choosing to marry and file for a marriage visa. The reasoning is that marriage visas have always been treated as a priority, even during COVID19, resulting in a shorter backlog for marriage visas, and a longer backlog for fiance visas. As of Spring 2021, there is still uncertainty as to the best approach. Please call today to discuss the advantages and disadvantages of both visa types.

To schedule a consultation please call: 206-488-9030

Introduction to K-1 Fiance Visa

If you are engaged to a US Citizen and meet the requirements below, then you may be able to enter the US with a fiance K1 visa. After entry, you are required to marry within 90 days and file to become a Lawful Permanent Resident.

Eligibility Requirements for K-1 Fiance Visa

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

  • You are engaged to a US Citizen;
  • Both you and your fiance are legally free to marry;
  • Your engagement is real (bona fide);
  • You and your fiance have a genuine intent to marry within 90 days of arrival to the US;
  • You and your fiance have met in person within the past two years;
  • You do not have any immigration, criminal or other significant history that bars entry to the United States;
  • Your fiance has not previously filed two or more fiance petitions unless your fiance is eligible for a waiver;
  • Your fiance has not been convicted of certain drug, alcohol, violent, or domestic violence related unlawful acts unless your fiance is eligible for a waiver;

Process for K-1 Fiance Visa

First, your US Citizen fiance must prepare and submit Form I-129F to United States Citizenship and Immigration Services with statements and documents establishing the above requirements. The required documents include identity documents such as passport biographic pages and birth certificates, proof of your fiance’s U.S. Citizenship, and prior divorce decrees if either of you were previously married. To establish a bona fide marriage, it is best to include passport stamps to show meeting in person, plane tickets, hotel receipts, photographs, text correspondence, and any other documents that would support a real relationship. Additionally, you must provide a statement regarding your intent to marry upon arrival in the US and a statement regarding the general circumstances of your relationship including meeting in person. After these documents are gathered and the Form I-129F is completed, the form and documents are filed with USCIS.

Next, USCIS approves your petition and your case is then sent to the embassy or consulate that will ultimately conduct the interview. However, there are many steps prior to your interview. The National Visa Center (NVC) will send you login information to the NVC website for completing Form DS-160, an application for a non-immigrant visa.  You are also required to register on a separate website called ustraveldocs.com for payment of fees, and later for interview scheduling. Your US Citizen fiance must complete a financial form and gather tax documents. The embassy or consulate handling your case will provide you with instructions on document preparation and submission. Then you will receive a final set of instructions prior to the interview which includes a list of what to bring with you to your interview, medical exam information, and some other information/requirements.

You will then attend the interview, receive your passport by courier with a fiance visa and are then able to enter the United States. You are required to marry within 90 days of arrival in the United States. You are also required to file to adjust status to become a Lawful Permanent Resident, and must do so within 90 days of entry to be in compliance with your fiance visa.

Filing Fees for K-1 Fiance Visa

Form I-129F Petition – $535. You will also need to pay a $265 visa issuance fee to the Department of State (DOS). A medical examination is required as well and cost varies by location.

Conclusion

Fiance visas are very exciting, giving you the opportunity to expedite your arrival to the US and start living your life together. Please call our office today to begin the fiance visa process.

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Contact Jeff Now to Get Started

Jeff Goldman, Seattle Immigration Attorney

Call Jeff Goldman Today 206-488-9030

Jeff Goldman has a deep commitment to the concerns and problems of immigrants.
He is fully committed to providing legal help for people needing an immigration lawyer or attorney.

Please call our office to discuss your immigration related concerns.

Don’t wait. You can have your case considered by a compassionate and caring lawyer with experience that can help you get past your problems and move forward with your life.

Call: 206-488-9030
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