k-1 visa attorney

Love Knows No Borders: Your Complete Guide to the K-1 Visa Process

The K-1 visa, also known as the fiance visa, is a unique visa that allows a U.S. citizen to bring their foreign fiance(e) to the United States for the purpose of getting married.

Understanding the K-1 visa process is crucial for couples planning to get married and start a life together in the U.S.

Attorney Brendon Basiga is a U.S. Immigrant himself so he understands the process firsthand.  In addition, both of his parents are from the Phillippines and he is fluent in the Philippine’s national language. 

What is a K-1 Visa?

The K-1 visa is designed for couples who are engaged to be married and wish to live together in the United States. It allows the foreign fiance(e) to enter the U.S. for a period of 90 days during which the marriage must take place.

K-1 Visa Requirements

To qualify for a K-1 visa, both the petitioner (the U.S. citizen) and the beneficiary (the foreign fiance(e)) must meet certain requirements. These include being legally able to marry, having a genuine relationship, and intending to marry within 90 days of the beneficiary’s entry to the U.S.

K-1 Visa Process

The process of obtaining a K-1 visa involves several steps. It begins with the petitioner filing the Form I-129F petition with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, it is sent to the National Visa Center (NVC) for processing before being forwarded to the U.S. embassy or consulate where the beneficiary will apply for the visa and attend an interview.

K-1 Visa Timeline

The timeline for obtaining a K-1 visa can vary depending on various factors such as the workload of USCIS and the embassy or consulate where the beneficiary will apply. On average, the process takes around 6-9 months from start to finish.

K-1 Visa Interview

The beneficiary will be required to attend an interview at the U.S. embassy or consulate as part of the K-1 visa process. During the interview, the consular officer will ask questions to determine the legitimacy of the relationship and the intentions of the couple.

K-1 Visa Application

The K-1 visa application requires the submission of various forms and documents, including the Form I-129F petition, proof of the relationship, and the beneficiary’s medical examination results. It is important to carefully review all requirements and submit a complete application to avoid delays.

K-1 Visa Cost

The cost of obtaining a K-1 visa includes the filing fee for the Form I-129F petition and additional fees for the medical examination and other required documentation. The total cost can vary but is typically several hundred dollars.

K-1 Visa Checklist

To ensure a smooth application process, it is important to prepare a checklist of all required documents and forms for the K-1 visa application. This will help to organize the application and ensure that nothing is overlooked.

K-1 Visa Forms

The K-1 visa application requires the completion of several forms, including the Form I-129F petition, the DS-160 visa application, and the Form I-134 affidavit of support. These forms can be found on the USCIS website and must be completed accurately and legibly.

K-1 Visa Medical Exam

A medical examination is required as part of the K-1 visa application process. The beneficiary will need to undergo a physical examination and provide documentation of vaccinations and medical history.

K-1 Visa Affidavit of Support

The petitioner is required to provide an affidavit of support to demonstrate that they have the financial means to support the beneficiary. This form (Form I-134) requires information about the petitioner’s income, assets, and employment status.

Tips for a Successful K-1 Visa Application

To increase the chances of a successful K-1 visa application, it is important to double-check all forms and documents before submission, keep copies of all submitted documents, and follow up with USCIS on the status of the application.

Case Studies

Here are some real-life examples of successful K-1 visa applications:

  • Sarah and Juan: Sarah, a U.S. citizen, and Juan, a citizen of Mexico, successfully obtained a K-1 visa after demonstrating their genuine relationship and intention to marry.
  • Emily and Ahmed: Emily, a U.S. citizen, and Ahmed, a citizen of Egypt, faced challenges during their K-1 visa application process but ultimately received approval after providing additional documentation.

Conclusion

The K-1 visa process can be complex, but with careful planning and preparation, it is possible to navigate successfully. Seeking the assistance of an experienced immigration attorney can also help to ensure a smooth application process.

 


FAQs

  • What is the processing time for a K-1 visa?
  • Can I apply for a K-1 visa if I have been married before?
  • Can my fiance(e) come to the U.S. on a different visa while we wait for the K-1 visa?
  • What happens if we don’t get married within 90 days of entry to the U.S. on a K-1 visa?
  • Can we apply for a green card after getting married on a K-1 visa?
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply