Fiancé (e) - K1 visas lawyers in New Orleans
U.S. citizens who are engaged to a foreign national and have a real intention to marry and start a life together as a couple, have the possibility to apply for a Fiancé(e) Visa (K-1) to allow them to enter the country and marry them no later than 90 days after entering the country. The advantage of this visa is that, if you marry your fiancé(e) within the time limit, you can immediately apply for permanent resident status for your partner (Green Card).
Eligibility for Fiancé(e) K-1 Visa
According to the USCIS, you may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
You are a U.S. citizen;
You and your fiancé(e) intend to marry each other within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa;
You and your fiancé(e) are legally free to marry (this means that both of you can legally marry in the United States and any previous marriage has been legally terminated by divorce, death, or annulment); and
You and your fiancé(e) met in person at least once within 2 years before filing your petition. You may request a waiver of this in-person meeting requirement if you can show that the in-person meeting:
Violates the strict and long-established customs of your fiancé(e)'s culture or foreign social practice; or
Involves an extreme hardship to you, the U.S. citizen applicant.
What is the process for bringing my fiancé(e) to the U.S. on a K-1 visa?
Step 1 – Filling the Petition
Complete Form I-129F, following the instructions, to record your relationship with an alien. USCIS may request documentation, formal or informal, to prove the relationship. Once the relationship is acknowledged and USCIS approves the petition, the form will be sent to the National Visa Center (NVC). If not, you will be notified of the reasons for the denial.
The NVC will give you a case number and send your petition to the U.S embassy or consulate of your fiancé(e)’s country.
Step 2 – Applying for a Visa
Once the embassy has received the form, it will schedule an interview with your fiancé(e). It is important that your fiancé(e) attend the interview at the agreed time, with all the required forms and documents.
During the interview, a DOS officer will determine whether your relationship is bona fide or not and if your fiancé(e) qualifies for a K-1 visa. If the officer issues the visa, your fiancé(e) must travel to the U.S. to continue the process.
Step 3 – Port-of-entry
Upon arrival at a U.S. port of entry, a Customs and Border Protection officer will review the case and make a decision whether or not to approve the entry. Remember: a visa does not guarantee admission to the country, CBP officers have the final decision.
Step 4 – Marriage
Once your fiancé(e) has been admitted to the U.S., you have 90 days to marry each other.
Step 5 – Adjustment of Status
If you and your partner marry within 90 days of entry, your spouse may file Form I-485 to apply for a green card. As before, USCIS may request additional information about your marriage before scheduling an interview to approve permanent residence.
What happens if my fiancé(e) and I don't get married in 90 days?
K-1 status expires immediately 90 days after entry and cannot be renewed. If you and your fiancé(e) do not marry within 90 days, your fiancé(e) must leave the country before the deadline. Otherwise, they may incur an immigration offense, resulting in deportation.
My fiancé(e) has children – Can they bring them to the U.S.?
Your fiancé(e)'s unmarried children under the age of 21 are eligible for a K-2 visa. Be sure to include their names on Form I-129F! If you and your fiancé(e) marry within 90 days of entering the country, children who entered on a K-2 visa may also apply for a green card.