K-1 Fiancé(e) Visa Lawyer
What is a K-1 Fiancé(e) Visa?
The K-1 fiancé(e) visa is a nonimmigrant visa that allows the foreign national fiancé(e) of a U.S. citizen to travel to the United States to get married. The couple must then marry within 90 days of the fiancé(e)’s arrival in the U.S. After marriage, the foreign spouse can apply for adjustment of status to obtain lawful permanent residence (a “green card”).
K-1 Visa Requirements and Documentation
To qualify for a K-1 visa, you must meet the following key requirements:
- The petitioner must be a U.S. citizen
- Both you and your fiancé(e) must be legally free to marry
- You must have met each other in person at least once within the last two years (with some exceptions)
- You must have a bona fide intention to marry within 90 days of your fiancé(e) entering the U.S.
To demonstrate eligibility, you will need to provide documents such as:
- Proof of U.S. citizenship (birth certificate, passport, naturalization certificate)
- Proof of legal name changes for either party, if applicable
- Divorce or death certificates for any prior marriages
- Evidence of having met in person within the last two years
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- Flight itineraries, hotel receipts, and photos together
- If you haven’t met in person, evidence of extreme hardship or long-standing cultural custom
- Evidence of bona fide relationship and intent to marry
- Correspondence, photos, sworn statements from friends/family
- Wedding plans or contracts for ceremony/reception
Our attorneys will work closely with you to determine what specific documents are needed for your case and help you gather the strongest evidence to support your petition.
Benefits of the K-1 Fiancé(e) Visa
The K-1 fiancé(e) visa provides a direct path for engaged partners to reunite in the U.S. and transition to permanent resident status. Benefits include:
- Faster processing than marriage-based spousal petition in some cases
- Can include K-2 visa for fiancé(e)’s unmarried children under 21
- Fiancé(e) can apply for a green card immediately after marriage without leaving the U.S.
- Can start the application process before marriage
The K-1 Fiancé(e) Visa Process
Our K-1 visa lawyers guide couples through each step of the process:
- File Form I-129F petition package with evidence of the relationship
- Receive notice of approval from USCIS (I-797)
- Fiancé(e) applies for a K-1 visa at the U.S. consulate abroad
- Fiancé(e) receives a K-1 visa and can travel to the U.S.
- The couple marries within 90 days of the fiancé(e) entering the U.S.
- After marriage, the spouse files for adjustment of status to permanent residence
We guide you through the process with care and efficiency, ensuring your petition is handled with precision and any potential challenges are addressed promptly. Let us help you and your fiancé(e) take this important step toward building your future together.
How Our K-1 Visa Lawyers Can Help
Obtaining a K-1 visa requires careful preparation and attention to detail. Even small mistakes or omissions in the petition can lead to lengthy delays or even denials.
Our experienced K-1 visa lawyers provide step-by-step guidance to give your case the best chance of success. Our services include:
- Assess eligibility and advise on the K-1 visa process
- Assist with gathering necessary documents and evidence
- Prepare and file Form I-129F petition on your behalf
- Coordinate with USCIS and consulate to monitor case progress
- Respond to requests for evidence or notices of intent to deny
- Prep fiancé(e) for the consular interview and entry to the U.S.
- Assist with adjustment of status process after marriage
Why Choose De Wit Immigration Law?
With years of experience focused exclusively on immigration law, De Wit Immigration Law in Miami is well-equipped to handle all aspects of the K-1 visa process.
When you work with us, you can expect:
- Personalized attention and service tailored to your unique situation
- Proactive communication to keep you updated on all case developments
- Detailed guidance to ensure your petition is complete and compelling
- Strong advocacy to overcome any legal challenges that may arise
- Commitment to reuniting you and your fiancé(e) as quickly as possible
If you are a U.S. citizen seeking to bring your foreign fiancé(e) to the United States, contact us today to discuss how we can help you navigate the K-1 visa process with confidence. Our goal is to simplify the complexities of immigration law so you can focus on building your future together.
Frequently Asked Questions
The K-1 fiancé(e) must marry the U.S. citizen petitioner within 90 days of entering the United States. If the couple does not marry within this timeframe, the fiancé(e) will be in violation of their visa status and must find an alternate path to legal status or else leave the country. It’s important to plan accordingly and allow sufficient time to fulfill the marriage requirement.
No, the K-1 fiancé(e) visa cannot be extended beyond the 90-day period. If the couple is unable to marry within 90 days due to extenuating circumstances, the fiancé(e) should consult with an immigration attorney to explore other options.
Yes, you can apply whether you’re in the U.S. or abroad. If outside the U.S., you’ll pursue your green card through consular processing.
Yes, the K-1 fiancé(e) visa is available to same-sex couples as long as all other eligibility requirements are met. This has been the case since the Supreme Court’s decision in United States v. Windsor in 2013, which struck down the Defense of Marriage Act (DOMA) and recognized same-sex marriages for federal purposes, including immigration benefits.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
Navigate Complex Immigration Laws Without The Headache Or Stress
The U.S. immigration process is complicated enough. We are here to help you identify clear, creative, and effective immigration solutions and guide you through every step of the process.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.