Sacramento Fiancée Visa Lawyers
Guiding You Through the K-1 Nonimmigrant Visa Process
Finding a partner and planning for marriage is an exciting time, but it can become a complicated venture when one person lives abroad and is not yet a U.S. citizen.
In these situations, a K-1 or fiancée / fiancé visa can allow a foreign national to travel to the United States for the purpose of marrying a U.S. citizen, without the need of having to go through the process of applying for permanent residency. Children of the non-citizen fiancé(e) may also accompany their parent to the U.S. with a K-2 nonimmigrant visa.
Planning a marriage in the U.S. with a non-US citizen? Our fiancée visa attorneys at Landerholm Immigration, A.P.C. can help. Call (510) 491-0291 or complete an online form for a FREE consultation.
What is a Fiancée Visa?
A K-1 nonimmigrant visa, also called a fiancée or fiancé Visa, allows a United States citizen to sponsor their future spouse to travel to the U.S. for the purpose of getting married. This type of visa is typically used by couples in the following situation:
- One partner is a U.S. citizen;
- The other partner is not a U.S. citizen; and
- The non-US citizen resides outside of the U.S.
The K-1 fiancée visa is a great option for soon-to-be-spouses who are looking to get married in the U.S. For partners who are already married, other family-based immigration options can be considered, including spousal sponsorship.
What Are the Requirements to Obtain a K-1/Fiancée Visa?
Only couples who meet certain requirements will be able to obtain a K-1 fiancée visa. These include:
- Engaged couples must intend to marry within 90 days of the foreign fiancé(e) arriving in the U.S.
- The marriage must be valid, and not for the sole purpose of helping the foreign national receive immigration benefits.
- Both partners must be legally able to marry, meaning they are of legal age and not bound to previous marriages.
- The couple must have met in person at least once in the two years prior to marriage and issuance of the visa, barring any extenuating circumstances.
After couples successfully obtain a K-1 visa, they must get married within 90 days of the foreign national’s arrival in the U.S. If you fail to marry within this time frame, you will lose your fiancée visa and be subject to removal.
How Long Does it Take to Get a Fiancée Visa?
If you are a U.S. citizen looking to sponsor a foreign fiancé(e)’s travel to the U.S. to get married, you will need to complete Form I-129F, Petition For Alien Fiancé(e).
Form I-129F will initiate the process for obtaining a K-1 fiancée visa, after which you may need to wait up to 13 months for approval from the USCIS.
You can avoid potential delays when applying for a K-1 visa by ensuring that you complete Form I-129F completely and accurately and that you supply all necessary supporting documents needed to prove your identity and your relationship with your fiancé(e). These documents may include:
- Proof that you, the petitioner filing Form I-129F, are a U.S. citizen. Approved documents for Proof of Citizenship include a copy of birth certificate, certificate of citizenship or naturalization, or current passport. If you have changed your name in the past, you will also need to provide proof of your legal name change.
- Proof that any prior marriage has been terminated (i.e. a divorce decree or annulment order).
- Proof that you and your fiancé(e) intend to marry within 90 days of their arrival in the U.S.
- Proof that your engagement is bona fide. You can prove the authenticity of a relationship through photos/videos documenting your relationship, correspondence between you and your partner, written testimonies from friends and family, and documentation of wedding plans.
- Proof that you and your fiancé(e) have met in person within two years of the filing of Form I-129F. If you haven’t met in person, you must provide proof of why no in-person meeting has taken place, such as travel restrictions created by the COVID pandemic or religious or cultural customs.
How an Attorney Can Help You Obtain a Fiancée Visa
Securing a fiancée visa in a timely fashion is essential to helping couples begin their marriages and new lives. Unfortunately, the U.S. immigration process can be quite complex for both U.S. citizens and foreign nationals and filled with many hurdles and potential pitfalls.
At Landerholm Immigration, A.P.C., our award-winning attorneys are committed to providing the comprehensive counsel clients need to navigate all aspects of their immigration cases. From start to finish, we can provide personalized support to help:
- Evaluate your eligibility to obtain a K-1 Fiancée Visa, or another family-based immigration visa.
- Accurately complete all required forms, including Form I-129F.
- Gather and submit all necessary supporting documents, including Proof of Identity, Proof of Citizenship, and Proof of Relationship.
- Address any delays, denials, or other complications as they arise.
- Assistance with applying for K-2 nonimmigrant visas for children of the foreign national fiancé(e).
- Ongoing support to help you and your spouse apply for a conditional permanent resident status green card after getting married.
Call For a FREE Consultation: (510) 491-0291
Our Sacramento Fiancée Visa attorneys at Landerholm Immigration, A.P.C. is passionate about helping individuals and families plan their futures by creating personalized plans for addressing their immigration needs. If you have questions about applying for a K-1 fiancée visa, we want to help.
Our firm proudly serves clients across Sacramento and the surrounding areas of California. To request a FREE case evaluation, call (510) 491-0291 or contact us online.
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