Law Offices of Leonelba Martinez: K1 Visa Lawyer

Get experienced help securing a K-1 fiancé visa. Call the Law Offices of Leonelba Martinez for experienced immigration help today.

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What Is a K-1 Visa?

The K-1 visa enables a U.S. citizen’s foreign fiancé(e) to migrate to the United States. It allows a foreign (alien) fiancé(e) to marry their U.S. citizen sponsor within 90 days of arrival.

After marriage, the foreign citizen may apply to become a lawful permanent resident if the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) approve.

A fiancé(e) K-1 visa holder can immigrate to the U.S. and marry a U.S. citizen shortly after arrival, so they are required to satisfy specific requirements for immigrant visas. K-1 visa applicants’ children receive K-2 visas.

Eligibility Requirements for K-1 Visa

The following are the requirements for a K-1 visa:

U.S. Citizen Petitioner

The sponsor of the K-1 Visa must show proof of their U.S. citizenship. Lawful permanent residents cannot sponsor K-1 visas.

You Must Be a “Fiancé(e)”

U.S. citizens and their K-1 applicant fiancé(e)s must not be married and have the legal right to marry at the time of filing the petition. If either of them was previously married, the marriage must be legally terminated by divorce or death.

The fiancé(e)s must have a legitimate relationship lasting at least two years and marry within 90 days of the foreign fiancé(e)’s arrival. In cases of extreme hardship or cultural differences, USCIS may waive this requirement.

Income Requirements for K-1 Visa

The U.S. citizen must show sufficient income to financially support the fiancé’s needs.

How to Apply for a K-1 Fiancé(e) Visa

The following is the application process for a K-1 visa:

  1. The U.S. citizen fiancé files a Form I-129F. This application form must be filed in the U.S. It could take months to process
  2. The USCIS will request confidential or sensitive information from the U.S. citizen’s fiancé for a background check.
  3. If the USCIS approves, it will forward the application to the National Visa Center (NVC).
  4. From the NVC, the petition goes to the U.S. embassy or consulate where your fiancé(e) resides.
  5. The embassy will notify both parties when the visa interview will be held.
  6. The alien fiancé(e) will apply for a K-1 visa and must appear for the interview with the required documents and forms. The official form for the visa application is Form DS-160, Online Nonimmigrant Visa Application.
  7. The consular officer will determine if your fiancé qualifies for the visa.
  8. If the consular officer approves the application and grants the visa, the K-1 visa is valid for six months for a single entry to the U.S.

What Is The Cost of a K-1 Visa?

K-1 visa applicants are typically expected to pay for the following services during their visa application process:

  • The application fee for Form I-129F: $535
  • Form I-485: $1,140
  • The cost of biometrics: $85
  • The processing fee for a consular document: is $265 (payable at the embassy or consulate)
  • Examination by a physician: (varies, depending on your location)

 

K-1 Visa Processing Time

 

The K-1 visa processing time varies according to circumstances. The processing of an application should take between seven and ten working days if the applicant is informed that their application was successful on the day of the interview. Applicants who do not hear the outcome of their interview on the day should continue to wait.

Is it Worth Getting a K-1 Visa Attorney?

USCIS doesn’t require a lawyer to process a fiancé visa, but one can be helpful. An attorney familiar with the K-1 fiancé(e) visa process can help you fill out all forms correctly, submit the correct documents, and avoid unnecessary delays.

An attorney can spot issues in your K-1 fiancé visa case that a layperson might miss. Obtaining a K1 fiancé visa can be complicated; a knowledgeable immigration attorney can relieve much of that stress.