October 25, 2013

Fiancé Visa

If you are engaged to someone in a another country and want to marry your fiancée in the United States the visas you will need are the K1 Fiance Visas. K1 Fiance Visas visa allow people from other countries to come to the United States for the purpose of marrying a U.S. Citizen and to live in the United States. There are generally two categories of visas. Immigration visas and non-immigrant visas they are coded by a system of letters from A-V. Some examples of non-immigrate visas are: tourist visas, student visas and K1 fiancée visas.

Filing requirements for a K1 fiancée visa:

  • You are a U.S. Citizen
  • Have met your fiancée in person within the previous two years
  • Both you and your fiancée are both legally free to marry
  • You and your fiancée both have a sincere intent to marry within 90 days of his/her arrival in the United States
  • Both of you can meet the minimum income requirement for a K1 visa

Petitions for K1 Fiance Visas are filed at the USCIS Center. If there are missing documents or incorrect paperwork, you will receive a Request for Evidence (RFE). RFE’s will delay the approval of your K1 visa petition. The issuance of your K1 fiancée visa by several months.

After Approval

Once the USCIS has approved your K1 fiancée visa petition it will be forwarded to the National Visa Center (NVC) where background checks are made on your fiancée. Once completed the NVC will forward your petition to the Consulate that will be handling your fiancée’s visa interview. There is no interview until your fiancée’s background check is successfully completed.

Fiancé Visa

When the approved fiancée visa petition and background checks have been successfully completed the consulate will give you instructions. Your fiancé will need a medical exam at a clinic specified by the Consulate and to report for the interview on a specified date. As long as your fiancée passes the medical exam and the interview is successful he or she will be issued a K1 fiancée visa. It is normally issued the same day or the following day.

After Receiving your Visa

Once your fiancée receives the K1 fiancée visa, he or she has six months to use the visa to enter the United States once they are here he or she has 90 days to marry (there are no extensions). If your fiancée is not married within the 90 days of arrival. He or she would need to leave the United States or be subject to deportation and possibly a fine.

After you and your fiancée are married with in the 90 days of his or her arrival they are allowed to stay in the U.S. legally and will need to file for a Green Card. The Green Card process is called Adjustment of Status.

K2 Visa for Children of your fiancée are for children under the age of 21. The K2 visa request will be included when we file for the parent’s K1 fiancée visa. The child has the same rules and rights as the parent EXCEPT. They must enter the U.S. prior to his or her 21st birthday.

If your fiancée or spouse is currently in the U.S. and did not enter on a fiancée or spousal visa depending on the situation we maybe able to help to keep them here in the U.S. legally and obtain a Green Card. Other situations require your fiancée or spouse to leave the U.S. and reenter on a fiancée or spousal visa.

If your fiancée entered on a visa waiver and its currently in status. We may be able to arrange for your fiancée or spouse to remain in the U.S. legally and/or obtain a Green Card.

FAQ

Is The K1 Visa Process is only about filing forms?

K1 visa cases can become very complex. A single missed step can cause delays or may even cause your petition to be denied. A federal government form is a very serious document. A single misrepresentation may have severe penalties & repercussions. Starting the process with k1k3visas.com is the best way to navigate the current process safely.

Can I Get A Tourist Visa For My Fiancée?

It is difficult to obtain a tourist visa for most foreign nationals. Coming into the United States on a tourist visa with the intent of staying is visa fraud. This can lead to deportation and a bar from entering the United States. Note: Your fiancé can come here on a tourist visa and marry you. He or she will have to leave before the tourist visa expires and apply for a spousal visa from outside the U.S. The intent to stay in the U.S. on a tourist visa is illegal-not the marriage. A person who enters the U.S. with no intent to marry while visiting then decides to marry and attempt to stay in the U.S. may be able to stay but you must convince the government this was not your intention when you first came to the U.S.

DOMA

After the June 26, 2013 Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional,.President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, the United States Citizenship and Immigration Services (USCIS) will review immigration visa petitions filed on behalf of a same-sex spouse or fiancée in the same manner as those on behalf of an opposite-sex spouse or fiancée.

 

 

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