Visa For Fiancee
A K-1 Visa is a visa that allows your fiancé to enter the country and maintain a residency. Once your K-1 visa has been approved and your fiancée has entered the country, you must marry within 90 days. If you are not married within 90 days, then your fiancé must leave the country within 30 days.
After the happy couple has said their nuptials and gotten married, your spouse can then apply for an Adjustment of Status so they can become a lawful permanent resident of the United States. Once the petition has been approved, your spouse must have a medical examination and an interview.
What are the requirements for a K-1 Fiancée Visa?
• The sponsoring partner must be a U.S. Citizen. Permanent Residents (green card holders cannot sponsor a K-1 Visa)
• Both partners must be unmarried. (if previously married, you will have to show proof that the marriage was terminated: ex. Divorce, annulment or death certificate)
• Must be a legitimate relationship (ex. Photos taken together, emails between the couple, phone call records, trip itineraries)
• Must be able to prove that you have met in person at least once within the last 2 years prior to filing the K-1 visa application.
• Statement signed by both partners agreeing to marry within 90 days of entrance into the United States
• The sponsoring U.S. citizen partner must show that they meet certain income requirements. The adjusted gross income (found on your last tax return) must be at least 100% of the Federal Poverty Guidelines or higher. (note that this amount is different than the amount for Marriage Visas) If the sponsoring spouse does not meet the adjusted gross income requirements for a K1 Visa, they may have a joint financial sponsor. The joint financial sponsor will have to execute a supplemental affidavit of support.
What documents are needed for a Fiancé Visa?
Once you are ready to apply for your K1 Fiance visa, you will need the following documents:
• Proof of citizenship for the sponsoring U.S. Fiance (ex. Birth certificate, copy of a passport, certificate of naturalization)
• Birth certificate of the sponsored fiancé living abroad.
• A copy of your sponsored fiance’s passport
• Proof of a legitimate relationship (ex. Photos were taken together, emails between the couple, phone call records, trip itineraries
• Sworn statements written by each partner about the nature of their relationship and there intent to marry within 90 days of the fiancee’s arrival to the United States. We generally recommend that you send in the original signed statement and keep copies for your own records.
• A copy of your I-94 departure/arrival record.
• A passport photo of the U.S. Citizen
• 3 passport photos of the sponsored fiancée living abroad.
• $535 USCIS Form I-129F Application Fee
• Tax return from the US Citizen
• Police clearance obtained from all countries of residence of more than six months since the age of 16.
• Sealed medical examination for the sponsored fiancé living abroad. The physician must be authorized by the state department in order to conduct the medical examination.
• Affidavit of support from the US Citizen
• USCIS may request additional information after they have received your application.
How long does it take to get a Fiance visa?
The time frame for receiving a fiancé visa depends on several different factors and not everyone will be approved.
Generally, the time frame is approximately 6-9 months after the completed application has been submitted.
Van Nuys Immigration Lawyer
The Law Office of Chirnese L. Liverpool assists individuals with K-1 Fiance Visa applications. If you would like a Los Angeles Immigration Attorney to assist you with this immigration process, do not hesitate to contact our office at (818) 714-2200.