If you and your loved one are seeking a fiancé visa, you have a difficult path ahead. Not only is there a plethora of information to submit, but you must also meet some strict deadlines. The application process is also complex, and if you are initially denied, the appeals or reapplication process is even more daunting. An experienced immigration attorney at Nesbit Law Office can make the process easier. We can help you obtain a K-1 fiancé visa so that you and your partner can build a life together in the United States. Call us at 614-285-3541 to start the fiancé visa process today.
What Is a Fiancé Visa?
The K-1 fiancé visa allows a foreign national to enter the States in order to marry their fiancé who is a U.S. citizen. This visa allows a non U.S. citizen to travel to the U.S. and remain in the country for up to 90 days prior to marriage. If the foreign national is already in the States on another type of visa, then the fiancé visa is not necessary. Similarly, if the marriage is to take place outside of the United States, a K-1 visa is not appropriate.
After the marriage takes place, the foreign national may stay in the United States and apply for a green card to become a permanent resident. A fiancé visa is only necessary if the foreign national plans on staying in the United States after the marriage takes place. If the foreign citizen does not plan on staying in the U.S. permanently, then a tourist visa or visa waiver may be more appropriate.
Who Qualifies for a Fiancé Visa?
In order to obtain a fiancé visa, you must submit specific forms and a significant amount of information. First, the U.S. citizen must petition for a K-1 visa by filing a form I-129(F) Petition for Alien Fiancé. If that form is approved, the foreign national fiancé will be required to visit a U.S. consulate in their own country. Interviews may be required of both parties. If the foreign national has a child, the child may be eligible for a K-2 derivative visa.
In order to qualify for a fiancé visa, the following must be true:
- The petitioner must be a U.S. citizen;
- You must intend to marry the foreign national within 90 days of their entry into the U.S.;
- You have physically met your fiancé within the last two years; and
- Both the U.S. citizen petitioner and foreign national fiancé are legally entitled to marry.
There are an array of issues that can complicate the process. For example, let’s say your foreign national fiancé has a history of immigration issues or a criminal record. In that case, they may not be able to receive a fiancé visa. If either fiancé is currently in a marriage, they may not be eligible for a fiancé visa. It can be difficult to navigate the K-1 visa application requirements.
How an Immigration Attorney Can Help You
The fiancé visa process is complex. An attorney can help you with the application process as well as any step of the immigration process afterward.
Petition for Fiancé
When petitioning for a fiancé with the Form I-129F, it’s best to complete the document with legal assistance. We will make sure you have all necessary documentation.
Once the National Visa Center (NVC) forwards your petition to the U.S. Embassy or consulate in your foreign fiancé’s country of residence, your fiancé will have to submit additional information and submit to an interview. An immigration attorney can prepare you for questions that will be asked during the interview process.
Inspection at Port of Entry
After your fiancé visa is granted, you still have to pass an inspection at the port of entry in the United States. The foreign national fiancé should comply with all travel laws to be granted entry into the country.
A legal marriage must take place within 90 days from the date that your foreign national fiancé enters the United States.
Adjustment of Status
After you are married, your new spouse may seek a green card and permanent residency in the United States. Even if you passed the fiancé visa process, you may have difficulty adjusting your status.
Contact Us to Learn More About the Fiancé Visa Process
When seeking a K-1 visa, it’s important to seek legal help so that the process is as painless as possible. Nesbit Law Office has extensive experience obtaining visas for clients. Call us today at 614-285-3541 for more information about the fiancé visa application process.