Fiancee Visa Archives - Fresno Immigration Attorney

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Getting a Fiance(e) Visa

The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByStaff

Bakersfield, California, Fiancé Visa, Fiancee Visa, Fresno, Green Card, Immigration, immigration attorney, Immigration Lawyer, K-1, Marriage, non-immigrant visa, Permanent Resident, Tulare, wedding

The Fiancé(e) visa

The fiancé(e) visa was designed to allow couples a window of time to unite in the U.S. for the purpose of getting married. The K-1 non-immigrant visa, or fiancé(e) visa, is for soon-to-be spouses of U.S. citizens who want to travel to the U.S. to join their partner. Because this visa is only intended to give you enough time to travel legally to the U.S. to marry, the fiancé(e) visa is for short-term, non-immigrant purposes. Fiancé(e)s do not qualify as relatives who are eligible for green cards as the family member of a citizen or resident. In order to change your status to permanent U.S. resident, you and your partner must get married.
If you are the fiancé(e) of a current U.S. citizen, the fiancé(e) visa can give you up to 90 days to perform your marriage ceremony in the U.S. After this 90 day period, fiancé(e) visas expire.

Failure to marry or depart the U.S. within this 90 day period may put you in violation of immigration law and could initiate removal proceedings, which could negatively affect your residence applications in the future. To avoid any penalties, you should plan to marry your spouse within 90 days of your petition being approved.
In order for you or your fiancé(e) to qualify for the K-1 visa, the petitioning party must be a U.S. citizen. You and your fiancé(e) must also both be unmarried at the time of petition and must have met at least once in person within the last 2 years.

You can be granted a waiver on the meeting requirement if meeting would have caused either party extreme hardship or if your meeting would violate personal social, religious, or cultural customs. You must submit documentation of your relationship with your visa application and should also submit some sort of documentation if you think you are eligible to be excused from this requirement. If you met your spouse through an international marriage broker, you must include that information in your application and provide documentation of that fact.

Traditional religious or cultural matchmaking is not included in the term “marriage broker” and you do not need to disclose that information otherwise.

Children of fiancées who will be marrying a U.S. citizen may also be granted visa under K-2 non-immigrant status. You should include the names of any children you wish to travel with on your immigration forms. After your marriage, your children will be able to apply for permanent status in relation to you or your citizen spouse.
Your fiancé(e) visa can also allow you to be eligible to work. If you plan to work when you enter the U.S., file for employment authorization once you are present in the country.

If you and your fiancé(e) are eligible to be granted the K-1 non-immigrant visa, you can file with the U.S. Citizenship and Immigration Services. After your petition is approved, you may legally travel to the U.S. for your marriage ceremony. When making wedding plans, keep in mind that the application will take some time to process and that further information may be necessary. You can find up-to-date information about the length of the review process with the USCIS.

For more information on immigration and help with getting a visa, contact immigration attorney Phillip Kim in Fresno, CA.

ByPhillip Kim

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The Basics of Obtaining a US K1 Fiancee Visa, What You Should Know

The K-1 fiancée visa is a means by which a foreign person is allowed to enter the country with the intention of marrying a citizen of the United States. Once the two parties are married an application is filed to adjust the status of the foreign person to become a citizen
of the United States. There are a few steps to filing a K-1 fiancée visa and the individuals wanting to engage in this activity should be aware of what they are.

Step One: Generally, the first step is for the U.S. citizen to file a petition to the U.S. Citizenship and Immigration Services (USCIS). When the USCIS approves this application the foreign fiancée will be allowed to begin the process of obtaining the fiancée visa. If you
would like to avoid any problems in filing your petition, you should contact a professional immigration attorney.

Step Two: The US citizen must then submit Form I-129F Petition, along with Form G-325A Biographic Information, to include any applicable filing fees that are currently being charged.
The amount of these fees and any other information that’s pertinent can be obtained by contacting the USCIS Service Center.

Step Three: Approximately a few weeks later the US citizen will receive Form I-797, the first Notice of Action (NOA) from the USCIF service Center. This is essentially notification that their petition has been received by the USCIF.

Step Four: Times can vary, but soon thereafter the US citizen will receive a second NOA notifying them that the petition has been approved.

Step Five: It is at this stage that the USCIS Service Center will forward the application to the National Visa Center.

Step Six: The National Visa Center will then start the process of performing preliminary background investigations on the fiancée applying for citizenship. They will also forword the approved Form I-129F two the fiancée’s specific embassy. The embassy will then process it locally under their own specific set of rules.

Step Seven: The embassy will send all required documents to the fiancée and the US citizen, along with instructions as to which forms need to be returned immediately to the embassy, and which would need to be brought to an interview when it takes place.

Step Eight: Once all documents have been received by the embassy they will contact the fiancée and the US citizen as to the date and time of their interview.

Step Nine: At this stage the fiancée will be required to attend a medical review.

Step Ten: It is now time for the fiancée to attend the visa interview. The officer conducting the interview will ensure all documents are in order, ask all needed questions and make a
decision on the petition. If the petition is approved than the visa will be issued either immediately, or within a few days.

Step Eleven: The fiancée should now make their travel to the US within six month’s. It is at the Port of entry that the immigration officer will review and finalize the paperwork, thus allowing the fiancée to enter the United States properly.

Step Twelve: As soon as possible the fiancée should apply for a Social Security number once inside the US. It is at this point that the fiancée and the US citizen should apply for their marriage license. In some cases some states have a certain waiting period that must be adhered to before applying for the marriage license. It’s advisable to make sure what this waiting period is before applying for the marriage license.

Step Thirteen: It’s now time for the couple to be married and live their life together. The couple should be advised that the marriage should take place within 90 days of obtaining the K-1 fiancée visa. Also, if the fiancée will be assuming the name of the US citizen, then any name changes should be done at this time.

Step Fourteen: The final step in obtaining citizenship for a foreign fiancée is to apply for an Adjustment of Status (AOS). The AOS must be applied for the four the K-1 fiancée visa expires, it should be noted.

For More Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

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