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If you or your fiancé are a citizen of another country living outside the U.S., the U.S. citizen partner may file for a K-1 visa to allow their fiancé to enter the U.S. to be married. For guidance through this process, please don’t hesitate to contact our skilled Lancaster County fiancé visa lawyers today.
If you’re looking to apply for a K-1 visa, our firm is here to help guide you, every step of the way. Speak with our dedicated Lancaster immigration lawyers to learn more about whether you may qualify and what the process looks like.
To qualify for a K-1 visa, you and your future spouse must prove that have seen each other in person within the last two years, and that the marriage will take place within 90 days of the foreign fiancé’s arrival. In addition, you will need to convince the government that your relationship is genuine, not a pretense for the noncitizen fiancé’s acquiring a Green Card.
The K-1 visa application process is a long, document-heavy, and sometimes complex one. See a brief overview of the process below.
1. Petition for Alien Fiancé(e) – Form I-129F
The first step is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS). This form serves as the initial request to recognize your relationship and your intention to marry within 90 days of your fiancé’s arrival in the U.S. You will need to provide proof of your citizenship, evidence of your relationship, including photographs, correspondence, and any other documents that demonstrate your genuine engagement, and evidence that you have met in person within the last two years unless you qualify for an exemption.
2. Notice of Action
Upon submission, you will receive a Notice of Action (Form I-797) to confirm that USCIS has received your petition. Later, a second Notice of Action will indicate whether your petition has been approved or denied. Approval of this petition does not guarantee that a visa will be issued but is a necessary step in the process.
3. National Visa Center (NVC) Processing
Once approved, your case is forwarded to the National Visa Center (NVC), which assigns a case number and sends it to the U.S. Embassy or Consulate in your fiancé’s country. You’ll be informed about when to submit the visa application fees and supporting documentation, including Affidavit of Support, DS-160 Online Nonimmigrant Visa Application form, medical examination results, and more.
4. Interview and Documentation
Your fiancé will be scheduled for an interview at the U.S. Embassy or Consulate in their home country. Preparation is key; they should bring all required documentation, including the approved Form I-129F, passport, birth certificate, police certificates from all places lived since age 16, medical examination, evidence of your relationship, and proof of termination of any previous marriages. The interview assesses the authenticity of your relationship and eligibility for the visa.
5. Visa Approval and Entry
If the visa is approved, your fiancé will be given a visa packet to present to U.S. Customs and Border Protection upon arrival in the U.S. It’s crucial not to open this packet. Upon entering the U.S., your fiancé has 90 days to marry you, or they must leave the country.
6. Adjusting Status to Permanent Resident
After marriage, your fiancé can apply for an Adjustment of Status to become a lawful permanent resident (Green Card holder) of the U.S. This involves filing Form I-485 and attending another interview, typically together.
Our team stands ready to help you navigate this application and interview process, so that you can have peace of mind as you take this meaningful step. Contact our seasoned fiancé visa lawyers today for a free consultation to discuss your specific situation.
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