Fiancé Visa Attorney

If you want to marry a foreign national in the U.S. but they’re currently living abroad- you need a K1 visa lawyer. This fiancé visa attorney guide will help you understand the process.

The K1 visa lets a U.S. citizen’s foreign national fiancé(e) come to the United States as a temporary visitor. This visa isn’t allowed to be used just for an ordinary visit though. The purpose of the K1 visa is to allow a citizen and their soon-to-be spouse plan a weeding and tie the knot!

If you’re interested in a K1 visa, here’s what you need to know to get started. The fiancé visa attorneys at Din Law Group have helped numerous couples start their lives together using the K1 visa.

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How Does a K1 Visa Work?

The K1 visa is only good for 90-days. So, the in-person wedding plans, festivities and marriage has to all wrap up within those 90 days. This temporary visa is only available to the betrothed of United States citizens though. So, while green card holders are allowed to sponsor some visas for close family members, they can’t sponsor a fiancé using a K1 visa.

The U.S. citizen sponsor has to name the person they plan to wed as the beneficiary on Form I-129F (Petition for an Alien Fiancé[e]) and file it with U.S. Citizenship and Immigration Services (USCIS). A successful petition results in the foreign fiancé being granted a temporary visa.

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You should never submit an immigration petition alone. Always consult with a skilled immigration attorney before turning any paperwork into USCIS. A mistake on any form filed with USCIS could come back to complicate matters in later petitions and applications. So, if you’re a U.S. citizen and you are engaged to a foreign national, please reach out to a skilled K1 visa lawyer to help you through this process. We can help you navigate any complications that may come up, submit waivers as needed, and ensure your paperwork is filed properly.

K-1 Visa Eligibility Requirements

If you want your fiancé to be allowed to join you in the U.S. for your wedding, you will have to meet all eligibility requirements. Your K1 visa lawyer will be able to explain these in detail. Here’s a basic explanation of the K1 visa eligibility requirements to get started.

As the U.S. citizen, you must:

  • Prove that you both plan to get married during the 90 days following your loved one’s arrival
  • Properly file the petition and all supporting documents, and pay the filing fee
  • Prove that you are in a real relationship — you may need photos, plane tickets, letters, or other evidence
  • File an affidavit of support proving that you can financially support the loved one you are inviting into the United States

Your foreign fiancé must:

  • Complete the K1 visa interview at the U.S. embassy or consulate near them
  • Have a medical examination by a qualified examiner
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The K1 Visa Process

Consulting with someone experienced with the K-1 visa process should be your first step. An experienced immigration attorney will help you through every step of your K1 visa process!

  • Once you’ve filed with your petition with USCIS, you’ll need to wait until they approve your petition. If you are sent any requests for more information, you should inform your attorney right away.
  • Once USCIS approves your petition, they’ll send it to the National Visa Center (NVC) which will assign your petition a case number.
  • The NVC will send the case number to the U.S. consulate or U.S. embassy in your loved one’s nation of origin.
  • You’ll get instructions in the mail that you’ll need to share with your fiancé. The instructions will guide your fiancé and explain how to apply for the actual visa.
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  • They’ll apply for the actual visa by filling out Form DS-160 (Online Nonimmigrant Visa Application) — they must print out the confirmation page.
  • Before long, your future spouse will be instructed to get a medical examination from a USCIS approved panel physician — the physician will then either give the results to immigration officials directly or provide your fiancé with a sealed packet. Make sure that the packet remains sealed! They are not allowed to unseal the packet.
  • Your fiancé will be scheduled for an interview.
  • You, your fiancé visa attorney, and your fiancé will prep for the K1 visa interview questions.
  • They will go to the interview at the embassy or consulate near them.
  • If approved, they will get a sealed visa packet — they must not open it!
  • They will give the packet to the U.S. official at the port of entry when they arrive.
  • You have 90 days to get married!

The K1 Visa Interview

The K1 visa interview questions will be fairly basic information that one would know about someone they are going to marry such as their name, birthdate, nationality, spoken languages, birth city, past marriages, children, and employment status.

Your fiancé will also need to bring certain documents along with them to their visa interview — documents which must be translated into English if they aren’t already in English and brought alongside the originals. Your fiancé visa attorney will inform you of all the necessary documents, which could include:

  • A valid birth certificate.
  • A valid passport which has a validity date stretching at least six months after their intended nonimmigrant stay (with a few exceptions which your fiancé visa attorney can explain).
  • Either divorce or death certificates for any previous spouses — for both the U.S. citizen and the foreign national fiancé.
  • Police certificates from the foreign national’s current country, as well as from any other country they’ve resided in for more than six months since they were 16 years old.
  • Their printed copy of the Form DS-160 confirmation page.
  • Two photographs that meet certain requirements.
  • Documents providing evidence of your relationship.
  • A form of payment.

Remember, your loved one will get a sealed visa packet. This packet must remain sealed! When your fiancé gets to a port-of-entry, they’ll need to give it to the Department of Homeland Security officer. Once they’re in the U.S., you and your fiancé must be married within 90 days.

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How Much Are Fees for the K1 Visa?

Fees for K1 Visas can be relatively high, though the charges will vary depending on additional forms and the cost of any derivative K-2 visas issued to children under the age of 21. The filing fee for your original petition will be $675, with the processing fee for the Form DS-160 being $265. The required medical examination can cost anywhere between $100 and $400. This is excluding the cost of your attorney and the cost needed to acquire copies of any required documents.

Note that once your 90 days are up, you will need to be married and apply to adjust your status to green card holder or leave the country. The adjustment of status process will incur additional fees.

Where Do I Find a Skilled K1 Visa Lawyer?

Here at Din Law Group, we’re committed to providing you with honest and compassionate legal representation. If you and your fiancé(e) want to marry and reside within the U.S., our track record of success makes us your best option at legal representation. Contact us today for your free consultation!

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