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.
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.
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.
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.
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.
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.
No, your spouse will not be allowed to re-enter the U.S. if you depart without travel authorization or your green card.
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.
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.
There are many more forms of proof. Your immigration attorney can help you gather the right evidence.
Yes. The process is identical.
Your spouse will not become a legal permanent resident until they apply for an adjustment of status after the marriage.
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:
Poarch Thompson 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. Poarch Thompson Law consults on these cases nationally. Contact us now to arrange a consultation online, over the phone, or in person.