How Does the K-1 Fiancé Visa Work?

You may have already heard of the K-1 fiancé visa thanks to TV shows like Married at First Sight and 90-Day Fiancé. However, applying for an actual K-1 fiancé visa is a little different than TV would have you believe. If you intend to live in the United States with your foreign fiancé, you should consult a fiancé visa lawyer. The fiancé visa application process is complicated, but you don’t have to go through it alone. You can work with an experienced immigration attorney to help you navigate the fiancé visa process.

Experienced Immigration Lawyer: The Lozano Law Firm, PLLC

The Lozano Law Firm, PLLC helps people in San Antonio, San Angelo, Eagle Pass, and Laredo obtain their K-1 fiancé visa and establish lawful permanent residency in the United States.  As a first-generation American himself, founder Alfredo Lozano is compassionate to the plight of immigrants in his local community and throughout south Texas. Mr. Lozano has dedicated himself to helping people from all walks of life and has experience handling K-1 fiancé visas. Contact The Lozano Law Firm today for help from this skilled and trusted San Antonio immigration lawyer.

What Is the K-1 Visa?

More commonly known as the fiancé visa, the K-1 visa allows a United States citizen to sponsor their soon-to-be spouse for entry into the United States, provided that the couple gets married within 90 days of the fiancé’s arrival. After the marriage, the new spouse can then apply for a Green Card or legal permanent residence. K-1 visas usually take between 5-7.5 months for approval.

What Are the Requirements for the K-1 Fiancé Visa?

The K-1 visa has multiple eligibility requirements to weed out the people who are marrying purely for immigration reasons without a genuine romantic relationship, which is illegal. For example, only United States citizens can apply for a K-1 visa, not Green Card holders.

The other general requirements include (but aren’t limited to):

  • Both you and your fiancé must be free, clear, and eligible for marriage to each other.
  • You must prove a legitimate relationship with each other through evidence or documentation.
  • You must verify that you met in person at least once within the two years before filing.
  • You and your partner must sign a statement indicating your intent to marry each other within three months of the sponsored fiancé’s arrival.

That’s just a quick overview of the criteria for a successful application, as there are many more steps you’ll need to follow to get a K-1 fiancé visa.

What Is the Process for Filing a K-1 Visa?

Are you curious about the actual process and what’s involved with filing a K-1 visa? Read through our list right here to learn more about filing a K-1 and what it means for you and your fiancé.

Form I-129F

The first step to obtaining a K-1 visa (provided that you and your fiancé meet the legal requirements) is to fill out Form I-129F. The purpose of Form I-129F is to establish the legitimacy of your relationship, which is why it will require supporting documents. Accepted forms of evidence include:

  • A copy of the United States citizen’s birth certificate or naturalization certificate
  • A passport copy of the sponsored fiancé
  • Proof that the relationship is legitimate (pictures, correspondence, etc.)
  • Proof that you met your significant other at least once in the last two years before filing (plane tickets, itineraries, etc.)
  • Two sworn statements from you and your fiancé describing the relationship and an intent to marry within the first 90 days of arrival in the United States
  • Passport-style photos of you and your fiancé

Form DS-160

If you’re sponsoring your overseas fiancé, you’ll then have to complete Form DS-160. Technically, Form DS-160 is the actual K-1 visa application. After you submit the form, the sponsored fiancé will need to send in the following documentation to the United States Department of State:

  • Birth certificate
  • Valid passport
  • Two passport-style photos
  • Police clearance from any countries you’ve lived in for over six months since you turned 18
  • Medical exam form

If you’re the United States citizen half of the relationship, you also must submit documents and evidence. Here’s what you’ll need:

  • Form I-134 (affidavit of support)
  • Proof of relationship in the form of an approved I-129F application
  • Most current tax returns

After submitting the forms and documents, the sponsored fiancé will attend an interview at the nearest United States Embassy. It usually occurs between four to six weeks after the initial filing.

The process of qualifying for a fiancé visa can be complex. A fiancé visa lawyer can help you determine if you qualify and complete appropriate documentation. You will have to submit proof that you meet all of these qualifications to the government.  A fiancé visa lawyer can review your information and help you navigate the K-1 visa application.

Call The Lozano Law Firm, PLLC Today to Start the K-1 Visa Process

At The Lozano Law Firm, PLLC, we work hard to help families and corporations through the immigration maze™. We believe that immigrants are really good for our country, and we will make every effort within our area of law to help clients obtain legal status in the United States.

Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate the confusing K-1 paperwork with expertise, dedication, and an individual approach. Fill out our contact form or call us at (210) 932-3600 to schedule your consultation.

Copyright © 2022. The Lozano Law Firm, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

The Lozano Law Firm, PLLC
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 932-3600

https://www.abogadolozano.com/

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