Fiancé(e) Visas
The fiancé(e) visa (K-1) permits a U.S. citizen to bring a foreign national fiancé(e) to the U.S. to marry. Once married, the foreign national may apply for lawful permanent residence (green card). You should not marry someone as a favor, for a fee, or to “help them” immigrate to the U.S. Each of these arrangements will be considered marriage fraud and can result in penalties for both the immigrant and the U.S. petitioner.
How is a Fiancé(e) Visa different from a Marriage Green Card?
The fiancé(e) visa is the marriage-based option used if you are not yet married. It allows you to bring your fiancé(e) to the United States as long as you intend to marry them within 90 days. A seasoned immigration attorney will assist you in determining which marriage-based visa option is best for you.
Can my Fiancé(e)’s children qualify for a K Visa?
If you marry a U.S. Citizen and seek to enter on a K-1, your children will receive K-2 visas if they meet certain criteria.
Avoiding long separations
Some individuals believe that a fiancé(e) visa will be faster than the other marriage-based options, but this may not be true. Processing times change frequently at USCIS based on the service center processing the application. Accordingly, it is critical to speak with a seasoned immigration attorney who can determine what options are best for you in light of your goals as a couple, including avoiding long physical separations.
Process and timeline to get a K-1 Visa
The initial petition is submitted in the U.S. by the U.S. Citizen petitioner. Once that petition is approved, the U.S. Embassy in the fiancé(e)’s home country is notified and schedules an interview with the fiancé(e) only. Once the U.S. Embassy issues the visa, the fiancé(e) has four months to enter the U.S. After the fiancé(e) enters the U.S., the marriage must occur within 90 days of entry. Once you are married, an additional application is filed for adjustment of status.
What to expect at the K-1 interview
At the K-1 interview, you will be asked personal questions about your fiancé(e) and yourself. You may be asked about where you live, if you’ve been married before, and if you’ve committed a crime. You will also be asked about your shared interests with your fiancé(e), how you or they proposed, and your wedding plans. The interviewer will focus on anything that seems suspicious, but if your relationship is legitimate, you should be fine.
Can we leave the United States for our honeymoon?
No, your spouse will not be allowed to re-enter the U.S. if you depart without travel authorization or your green card.
Is a K-1 Visa Holder allowed to work in the country?
A K-1 visa holder must apply for work authorization as part of the adjustment of status process. The visa holder must have evidence of eligibility to comply with an employer’s I-9 employment authorization verification requirements.
What if we don’t get married in 90 Days?
If you don’t get married within 90 days and you do not intend to marry, your fiancé(e) should depart the country before their visa expires. The fiancé(e)’s entry is connected to the U.S. petitioner and the fiancé(e) cannot get a green card on the basis of another, later marriage. If you simply missed the deadline for marriage, but intend to marry, your application may need additional evidence to demonstrate why there was a delay.
What can use to prove we are Fiancé(e)s?
- Preparations for a wedding, such as announcements or contracts with vendors.
- Pictures of the proposal or other images of you together.
- Letters from family or friends attesting to the relationship.
There are many more forms of proof. Your immigration attorney can help you gather the right evidence.
What might get a K-1 Visa denied?
- A history of past K-1 or other marriage-based applications by either party.
- Short relationship with the Petitioner or petitions submitted without evidence.
- Not being able to satisfy the requirements of the K-1 including meeting in person.
- The immigrant fiancé(e)’s own grounds of inadmissibility including criminal conduct in the home country.
- The U.S. petitioner’s criminal history including past violence or sex crimes.
Can same-sex couples apply for a Fiancé(e) Visa?
Yes. The process is identical.
Remember to Adjust Status after your K-1 Visa
Your spouse will not become a legal permanent resident until they apply for an adjustment of status after the marriage.
Do I need an Immigration Attorney?
Some people successfully complete fiancé(e) visa processing on their own. You hire a lawyer to assist you with a fiancé(e) visa for one of three reasons:
- You want the benefit of an experienced immigration lawyer because you fear that you may create unnecessary delays in processing.
- You don’t want to deal with the headache or time commitment involved with navigating an immigration process that’s second nature to a seasoned immigration attorney and her staff.
- You have a problem with your case that creates inadmissibility or a bar on your fiancé(e)’s admission to the U.S.
Working with Amaryllis Law on Fiancé(e) Visas?
Amaryllis Law provides counsel throughout the fiancé(e) visa process from start to finish to help ensure it is as seamless as possible. We often talk online or in person to both parties about filing and interview requirements, and we prepare a compelling application detailing all the necessary requirements for approval. Finally, when it’s time for the initial interview at the U.S. Embassy abroad, we can walk you through the questions you’ll likely be asked, and the required documentation needed.
These cases are all handled on a reasonable, flat-fee basis, excluding expenses and filing fees. Amaryllis Law consults on these cases nationally. Contact us now to arrange a consultation online, over the phone, or in person.
