When Would I Need A K-1 Visa?
If you intend to marry a US citizen, your fiancé(e) may bring you to the US for the wedding with a K-1 Visa. You must marry within 90 days of arriving in the US or you are required to leave the country. Once you have been married, you would apply for an adjustment of status and you will obtain your conditional green card. Your spouse must be a US citizen (not a green card holder or permanent resident); both parties must be legally allowed to marry (single, proof of divorce, be of age); must have met in person within the last two years; and a genuine intention to marry within 90 days of arriving in the US. However, some of these requirements can be waived if there are serious reasons such as religion.
This K-1 Visa is meant for couples who are ready to marry and not for couples who are considering marriage.
What Are The Requirements For A Fiance Visa?
One applying for a fiancé visa must prove the following:
- The fiancé resides abroad
- They have met within the past 2 years
- There are no pending marriages
- A child applying for the K-2 visa is under 21 years of age
- The fiancé has no prior criminal records that would make him or her ineligible for a non immigrant visa, or has no prior records of fraud, misrepresentation, and other bad acts. Note that in that instance, the person may require a waiver of grounds of inadmissibility before obtaining the non immigrant visa.
There are restrictions on the ability of the U.S. petitioner to sponsor his or her fiancé if the petitioner has prior criminal records but there are waivers available in such instances.
What Is The General Process For A K1 Visa?
There are several stages to this particular visa. The process starts with the filing of a petition for alien fiance filed with U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation proving the legitimacy of the fiancé relationship as well as the foreign national's eligibility to receive a K1 fiance visa. While the process can take roughly 7 to 8 months, the timeframe can vary. However, upon approval of the petition, the foreign national will then have to apply for the K1 fiance visa abroad. The visa is always applied for at a U.S. Consulate in the country of residence or nationality of the foreign national and the latter cannot apply for a change of status to K-1 in the United States for example. Once the K-1 visa is issued, the foreign national will have to proceed to the United States and validate the visa. Soon after, within 90 days of the date of entry, the couple will have to marry. Finally, once the marriage is concluded, the foreign fiancé will have to file to adjust his/her status within a reasonable time in order to obtain a Green Card, granting him/her a Conditional Lawful Permanent Residence for two years.
What Documents Are Needed For A K1 Visa?
There are many documents required to complete this application, but most importantly – proof of US citizenship, proof that you can support yourself financially, proof of a bona fide relationship, proof of intent to marry, photographs, criminal records if relevant, police clearance certificates from your home country. These are some of the requirements that must be met. If you have any questions regarding these, please contact us.
Possible delays in obtaining a K-1 visa
It is important to note that if there is any missing paper work, then you will receive a request for evidence. This usually delays the overall process by 5-12 months. However, this can normally be avoided by obtaining a good attorney who has the experience in handling these situations and will ensure that all the correct documents are sent accordingly.
Possible delays include:
- Inadequate English skills
- Documents completed incorrectly
- Missing documents
- Failure to convince the office that a bona fide relationship exists
- Incorrect documents sent
All of the above can be avoided but are common mistakes. Vazquez & Poudat, PLLC in Central Florida aims to streamline the K-1 Visa application process for you so these things do not occur.
The K-1 visa process can be a complicated and confusing process – if you have any questions please do not hesitate to contact us.
Additionally, in an effort to help you obtain all the information you need we have compiled the most common questions we get from clients. Please feel free to visit our K-1 Visa FAQ's for further information.
Contact our Orlando K-1 Visa Attorneys
If you need to apply for a K1 Visa contact our immigration lawyers today. We have a professional team dedicated to helping individuals with all of their immigration needs, including K1 visa applications. Vazquez & Poudat, PLLC, is an immigration law firm founded by two Florida Board Certified attorneys in Immigration and Nationality Law. Call our Immigration Law Firm today during office hours at (407) 674-6968 and we will be glad to help you. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. You may also fill in our online form and we will get back to you as soon as possible.
