The fiancé or K-1 visa is a nonimmigrant visa that is issued to the fiancé of a U.S. citizen to enter the U.S. and get married. If the fiancé who obtains and travels to the US with the visa so wishes, they can apply to get lawful permanent residence status (a green card) after they get married by going through what is known as the “adjustment of status” process. At Kriezelman Burton & Associates, we have experienced K-1 visa immigration lawyers who routinely help clients obtain this K1 visa.
Below is a step-by-step overview of the process one must go through to apply for and obtain a K-visa. This overview assumes you have already checked and know or believe you or your fiancé qualifies for the visa.
The law requires that the couple engaged to be married must have met in person within two years of the application for the K-1 visa being filed. You should therefore make sure this has happened before you start the K-1 visa application process. Most engaged couples find it easier and more convenient for the U.S. citizen to simply travel and meet the fiancé at a place they find convenient, usually the fiancé’s home country.
However, it may be possible to avoid this physical meeting requirement within two years for cases of religious traditions or extreme hardship to the U.S. citizen but proving this is no easy walk in the park as most cases where the exception is sought are denied.
The U.S. citizen must then file a petition with United States Citizenship and Immigration Services (USCIS). This is accomplished by mail, using Form I-129F, Petition for Alien Fiancé. The person filing is referred to as the “petitioner.”
Once the fiancé petition is filed, the U.S. embassy or consulate indicated on the petition will contact the non-citizen fiancé and inform them about what is required to complete the process of obtaining a K-1 visa. The non-citizen fiancé will then have to appear before a consular officer for a scheduled interview.
The non-citizen fiancé will then travel to the US and present the K-1 visa at a U.S. border, airport, or another point of entry. It is important for the K-1 visa holder to know admission is not guaranteed until after inspection at the point of entry to the US.
The K-1 visa is only valid for 90 days after entry to the United States; therefore, it is best for the couple to get married as soon as possible after the non-citizen’s entry to the United States. If this happens, the non-citizen can apply for a green card and have it processed in the U.S. Otherwise, the individual must leave the US to complete the green card process if they wish to obtain a green card.
If you wish to obtain a K-1 fiancé visa and are in the Chicago area, contact us today and schedule a consultation. We are based in Chicago but also offer our services in Indiana, Wisconsin, and Michigan. We handle all types of immigration cases.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
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