International Borders Don’t Have To Stop Your Wedding Plans With The Help Of Our K-1 Visa Attorneys
Getting engaged and planning your wedding is a joyous time in your life. But what happens if you meet the love of your life but are not a U.S. citizen? The K-1 fiancé(e) visa allows the fiancé of a United States citizen to travel to the U.S. to get married and remain in the country. When faced with the K-1 visa process, your wedding planning may include delays, challenges and red tape that can put your future together at risk.
At Consumer Law Group, our immigration attorneys have over 30 decades of combined experience helping couples nationwide obtain K-1 visas and successfully start their lives in the United States. With both English and Spanish-speaking attorneys, our Chicago-based team can help you throughout the K-1 visa process so that you have the best chance of success.
Who Is Eligible For A K-1 Visa?
Foreign-born fiancés of United States citizens can apply for a K-1 visa, allowing them to enter the U.S. to get married and live with their spouse. The couple must have met at least two years before filing the K-1 visa application to be eligible. Once the foreign-born fiancé arrives in the United States, they must marry within 90 days to stay in the country.
How Long Does It Typically Take To Process A K-1 Visa?
The processing time for a K-1 visa can take anywhere from 13 to 18 months, not including when the application is approved and when you receive your interview date. The process may be delayed depending on the country the foreign-born party is applying from.
What Happens After Your K-1 Visa Is Approved?
Once U.S. Citizenship and Immigration Services approves your initial application, you will receive an interview notification within 30 days of approval. The interview will likely happen four to six weeks after the notice. At the interview, officials look for the validity of your relationship and plans. The interviewer typically decides on your application shortly after your interview.
Which Documents Are Necessary For A K-1 Visa?
The sponsoring fiancé must provide an affidavit of support or a Form I-134, most recent tax returns and proof of relationship. The sponsored fiancé provides two passport-style photos, a birth certificate, a valid passport, police clearance and a sealed medical exam form.
Reasons A K-1 Visa May Be Denied
Even if your relationship is solid, and you have legitimate plans to marry and continue your life in the United States, there are numerous reasons for denying a K-1 visa. One of the biggest obstacles is inadequate proof of a real relationship. Common red flags include a significant age gap, getting engaged quickly after meeting, not speaking the same language and following different religions.
Other common reasons for denial include not making enough money to support the spouse in the U.S., failing to show that you will wed within 90 days, hiding your relationship from friends and family and if one of the parties is currently married. Having a criminal record, failing to disclose information or missing deadlines and mistakes on your application can also be grounds for a denial.
What Is Required Of A U.S. Citizen Petitioning To Bring Their Fiancé(e) To This Country?
If you are a U.S. citizen sponsor who wishes to bring your foreign fiancé(e) to the United States to get married, you typically pursue a K-1 Fiancé Visa. The K-1 visa allows your foreign fiancé(e) to enter the country for marriage within 90 days of arrival.
To initiate this process, you are required to meet certain requirements and provide specific documentation, including:
- Form 1-129F: Starts K-1 visa process
- Proof of relationship: Shows genuine connection
- Financial Support: Demonstrates ability to support your fiancé(e)
- Medical Examination: Checks your fiancé(e)’s health
Handling this legal process can pose difficulties. However, our K-1 Visa lawyer can ensure every detail is carefully addressed to maximize the success of your petition.
How Can A Criminal Record Impact Your K-1 Visa Application?
A criminal record can significantly impact your K-1 visa application and may result in denial or delay. You, as the petitioner, together with your fiancé(e), need to disclose any need to disclose any background check accurately. Not adhering to this requirement could result in accusations of fraud and jeopardize the entire immigration process.
How Can You Prove You And Your Fiancé Have Met In Person, And Can This Requirement Be Waived?
One of the requirements for K-1 fiancé visas is proof that you, as the petitioner, have met your fiancé(e) in person within the two years preceding the visa application. However, certain circumstances, such as extreme hardship or religious reasons, may warrant consideration for a waiver of this requirement.
This requirement ensures the relationship is genuine and not solely based on immigration benefits.
What Should You Know About Form 1-129F?
Form I-129F is a vital document in the K-1 Fiancé visa process. It initiates the visa application process and must be filed by the U.S. citizen petitioner.
The document requires detailed information about the petitioner and the beneficiary, including biographical data, relationship history and marriage intentions. Our skilled attorneys can help you ensure accurate and complete information when completing Form I-129F, as any errors or omissions can delay processing or lead to denial.
How To Have A Successful K-1 Visa Interview
A K-1 interview can be intimidating. Aside from the scrutiny you may face, your future depends on the outcome. At Consumer Law Group, our attorneys can help prepare you for your interview so that you have the best chance of success. The questions are primarily designed to prevent fraud but can still be overwhelming in a high-pressure situation.
Some important tips for the interview process include:
- Memorizing important dates
- Bringing all the proper evidence and required forms
- Tell the truth
Your interviewer may ask you questions about your fiancé, how you met and your plans after marriage. They may also examine cultural differences, past relationships and questions about both of your friends and families.
Let’s Bring Your Fiancé Home
With how long the process may take, you should start as soon as possible. Contact one of our experienced immigration attorneys today to discuss your case and get started. Call us at 312-766-7777 or complete our online contact form.