Tips for Legally Immigrating Your Fiance
By Isaul VERDIN, VERDIN Founder and Managing Attorney |
When you can’t find love in America go overseas! Many Americans seek love abroad, and find it.
Once the decision has been made to get married, the American must now assess how to legally immigrate his or her fiancé/fiancée.
One strategy is the K1 visa. This visa generally requires that the American and the foreign national meet within two years of filing the petition for the K1 visa.
Three Tips to Help in Preparing the K1 Visa Petition
There are specific steps to take in creating a strong K1 Visa Petition. A well-organized application with ample evidence will greatly improve the probabilities of success.
1. Evidence of communication. Applicants should provide evidence of email and correspondence exchanges during the courtship. In addition, applicants may provide phone records and/or social media exchanges.
2. Evidence of financial transactions. Applicants should also provide evidence of money transfers to the foreign national. Applicants who have purchased any gifts should retain and present receipts and shipping proof.
3. Evidence of travel. Applicants should retain itineraries, boarding passes, hotel registrations, photos, and credit card transactions while on international trips with the fiancée foreign national.
Set the Date – Ready, Set, Married!
Lastly, applicants should be aware that if the U.S. government approves the K1 visa – then the US citizen and the foreign national fiancée must marry within 90 days of entering the U.S.
Overview: What Is a K-1 Visa?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen.
The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
What Is a “Fiancé(e)”?
Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years.
Applying for a K1 Visa
The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
Required Documentation
You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:
- Completed Form DS-160, Online Nonimmigrant Visa Application.
You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview. - A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
- Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
- Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
- Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements
- Evidence of relationship with your U.S. citizen fiancé(e)
- Payment of fees
Note: The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.
Family Immigration Questions? Please Contact VERDIN Law
Isaul VERDIN and the VERDIN Law Team has extensive experience in obtaining permanent resident status and other immigration benefits through family relationships.
VERDIN has an exceptional track record in defending clients from deportation. VERDIN’s veteran litigators include former immigration court staff attorneys, Special Assistant U.S. Attorneys, and U.S. army Judge Advocate Generals (JAGs).
Whether before an immigration court, the Board of Immigration Appeals, or a federal circuit court of appeals, VERDIN is prepared to provide the best deportation defense available.
VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.
“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney
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