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Navigating the K-1 Fiancé(e) Visa Process: Legal Guidance From Do Law Office

Explore the intricacies of the K-1 Fiancé(e) Visa with Do Law Office. Our comprehensive guide covers everything from application to approval, ensuring a smooth journey for you and your loved one.

Understanding the K-1 Fiancé(e) Visa

Are you a U.S. citizen looking to bring your foreign partner to the U.S. to legally marry? Are you a foreign fiancé(e) of a U.S. citizen looking to tie the knot and live in the U.S.? If so, you are in the right place to learn about the K1 fiancé visa. This visa allows U.S. citizens to sponsor their foreign partners to enter the U.S. legally and marry within 90 days.

Obtaining a K-1 fiancé visa requires going through a complex process and meeting certain eligibility criteria. Working with a reputable immigration attorney is crucial to ensure a smooth process. Our immigration lawyers at the Do Law Office can accompany you in your journey to obtain the K1 visa and subsequent immigration benefits.

What Is a K-1 Fiancé(e) Visa?

As a U.S. citizen, you can bring your foreign-born fiancé to the U.S. via a fiancé visa, known as K-1 visa. A K-1 visa is a nonimmigrant visa permitting foreign-citizen fiancé to travel to the U.S. to marry their U.S.-citizen partner. A K1 fiancé visa is a temporary and short-term visa. So, through the K1 visa, you’re expected to get married within 90 days.

To obtain the K-1 visa, the U.S. citizen and the foreign fiancé need to meet specific criteria. The eligibility requirements for a fiancé visa include the following:

  • The sponsoring fiancé needs to be a U.S. citizen.
  • You need to prove the intent to marry one another within 90 days after the foreign fiancé arrives in the U.S.
  • Each partner should be unmarried. They can submit evidence of previous divorce decrees, annulments, or death certificates of the former spouse.
  • The couple needs to prove the legitimacy of their relationship.
  • You need to have met each other in person at least once within two years before applying for the visa, except in cases of extreme hardship or social practices that prevent such a meeting.
  • The U.S. citizen must meet the income requirements for a K-1 visa. The adjusted gross income of a recent tax return should equal at least 100% of the Federal Poverty Guidelines.

The Application Process

Here is a step-by-step guide on applying for the K-1 Visa:

Step 1: File Form 1-129F (Petition for Alien Fiancé(e))

The U.S. citizen sponsor files Form 1-129F with the United States Citizenship and Immigration Services (USCIS). The Form aims to prove that the relationship. Documents needed when submitting Form 1-129F include:

  • Proof of the petitioner’s U.S. Citizenship (passport copy, certificate of naturalization, or birth certificate)
  • A copy of a foreign fiancé’s passport
  • Evidence to prove the relationship is bona fide, like
    • Pictures together
    • Letters from family confirming the relationship
    • Emails or text messages between the partners
    • Travel itineraries for trips together
  • Evidence to prove you’ve met in person (flight bookings, hotel itineraries, pictures, emails)
  • Color passport photos of each partner 
  • Personal written statements from both partners about their relationship and intention to marry
  • Proof that previous marriages are legally terminated. 

The Form 1-129F can’t be filed at the U.S. Embassy, Consulate, or USCIS office abroad. You must be in the U.S. at the time of filing. The USCIS sends a receipt notice within 30 days. Alternatively, they may send a Request for Evidence (RFE) if additional information is needed.

The USCIS sends the approval notice to the National Visa Center (NVC) upon approval. The NVC provides you with a case number and sends your petition to the U.S. Embassy or Consulate where your fiancé resides.

Step 2: Visa Application and Interview. 

The sponsored fiancé needs to complete Form DS-160, Online Nonimmigrant Visa Application. The sponsored fiancé receives an interview notice from the U.S. Embassy in their home, indicating

  • The date and location of their visa interview
  • List of required documents.

The interview takes place at the U.S. Embassy or Consulate, usually about 4-6 weeks after the embassy’s initial notice. The fiancé brings the required forms and documents to the interview.

After the interview, the DOS consular officer decides whether your fiancé qualifies for a K-1 visa. Upon meeting the set requirements, the K1 visa is approved. Then, the sponsored fiancé is given six months from the approval date of the initial 1-129F to travel to the U.S.

Step 4: Arrival and Marriage

The CBP officer at the port of entry inspects the k1 visa to decide whether to admit your fiancé. Upon arrival, you have 90 days to get married. If you decide not to get married, the sponsored partner will be ineligible to remain in the U.S.

Mistakes can impact the chances of a smooth and successful K-1 visa application process. Some mistakes to avoid during the application process include:

  • Incomplete and inaccurate information
  • Missing and incorrect supporting documents
  • Insufficient evidence of a genuine relationship
  • Contradictory information
  • Missing application deadlines

Legal Requirements and Documentation

The Department of State requires certain documents during the actual K-1 visa application. The foreign fiancé must provide:

  • Two passport-style photos

  • Birth certificate

  • Valid, unexpired passport

  • Police clearance 

  • Sealed medical exam form obtained from an authorized physician

The U.S. Citizen fiancé must provide:

  • Affidavit of support (Form 1-134)

  • Most current tax returns

  • Proof of relationship

The K1 Visa Interview 

The sponsored fiancé attends the visa interview at the U.S. embassy or consulate. Here are tips on how to prepare for the K-1 Visa interview and increase your chances of success:

    • Ensure you have all the necessary documents for the interview.
    • Be ready to answer questions about your relationship, how you met, and your future plans.
    • Familiarize yourself with specific requirements and bring all the documents needed.
    • Ensure your answers match those on the initial immigration petition (form I-129F) and your temporary visa application (DS-160).
    • Be confident and honest.

    Common Interview Questions

    The consular officer asks questions about the relationship to determine visa eligibility. Examples of typical questions asked during the interview process include:

    1. How did you and your fiancé meet?
    2. How long have you known each other?
    3. What activities or trips have you done together?
    4. How often do you communicate with each other?
    5. Have you met each other’s families? If yes, how did they react to your relationship?
    6. Can you provide evidence of your relationship, such as photos, emails, or chat logs?
    7. What are your plans for the wedding and your future together?
    8. Have either of you been married before? 

    After Marriage

    If you marry within 90 days, your partner can apply for adjustment of status and obtain a marriage green card to live permanently in the U.S. To do so, they must file Form I-485, Application to Register Permanent Residence or Adjust Status.

    The USCIS reviews Form I-485 and the documents submitted. Both you and your foreign spouse will usually be required to appear for an interview. If you are married for less than two years when Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status valid for two years.

    Your spouse can remove the conditions on their residence by filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before their conditional green card expires. 

    Why Choose Do Law Office

    Are you looking for an experienced attorney to help you through the K1 visa process? The Do Law Office is here for you. Our extensive and unique experience can significantly simplify and streamline the process, optimizing your chances for a favorable outcome. We review your case and address potential weaknesses in your application.

    Our immigration law attorneys practice have in-depth knowledge of the K-1 visa process. We offer guidance on application requirements and interview preparation to navigate the process. Our attorneys ensure all forms and documents are accurately and timely submitted.

    How We Can Help

    The Do Law Office has a reputation for successful family-based immigration visa applications, including the K1 visa. We have been instrumental in helping our clients unite with their partners. We help K1 visa applicants in various ways, including:

    • We assist with gathering and organizing required documents for application.

    • We assess your eligibility, identify potential challenges, and offer strategies to overcome them.

    • We help visa applicants prepare for a K1 visa interview. We guide clients on how to answer potential questions.

    • We handle communications with USCIS on your behalf to ensure smooth progress.

    Seek Immediate Assistance from Do Law Office

    Obtaining a K-1 visa involves filing numerous forms and documents. The process may be daunting, especially if you’re unfamiliar with immigration law. It’s important to work with experienced immigration attorneys such as those at the Do Law Office.

    Our immigration lawyers have in-depth knowledge of immigration laws, policies, and updates. We help k visa applicants navigate the process smoothly, ensuring their rights are protected. If you or your fiancé(e) are Vietnamese, you’ll enjoy working with our top-notch Vietnamese immigration lawyer.

    Call our law office for immediate legal assistance with your case.

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