PATHAK & FELDMAN

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For All Your U.S. Immigration Needs

Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain a K-1 Visa .

Guide to K-1 Fiancée Visas

Are you a U.S. citizen with a foreign-citizen fiancée who you wish to marry and start a life with in the U.S.? Your fiancée may be granted the K-1 nonimmigrant visa. K-1 visas, or fiancée visas as they are also referred to, allow foreign-citizen fiancées to travel to the United States and marry her/his U.S. citizen sponsor within 90 days of arrival.

Once married, your fiancée can apply for permanent residency status to become a Lawful Permanent Resident (LPR). Permanent residency is granted by the U.S. Department of Homeland Security U.S. Citizenship and Immigration Services.

As the U.S. citizen, you will become your fiancée’s sponsor. In order to petition for your fiancée’s visa, you will need proof of the following:

  • Your U.S. citizenship
  • You have met your fiancée in person and are engaged to be married in the future
  • Your intent to marry within 90 days of your fiancée traveling to the U.S.
  • You and your fiancée are legally able to enter into a new marriage. Any previous marriages have been terminated legally by divorce, death or annulment
  • Economic solvency and ability to financially support your fiancée as demonstrated on Affidavit of Support Form I-864

Note: You both must remain legally free to marry one another after your petition and your marriage must be possible in accordance with the laws of the U.S. state in which you wish to be married.

  • You met each other at least once in person within 2 years of filing your petition. Exceptions to this rule require a waiver and there are two exceptions that may apply:
    • The strict and long-established customs of you or your fiancée’s culture or social practice prevent a meeting between you and your fiancée prior to legal marriage
    • You show proof that you would endure extreme hardship if you met with your fiancée abroad

You will need to file Form I-129F, Petition for Alien Fiancée with the USCIS office that serves the area in which you live. The form must be filed from the U.S. and it cannot be filed at a U.S. Embassy, Consulate or USCIS office abroad. If your petition is approved, it will be forwarded by USCIS to the National Visa Center. You will receive a case number from NVC, and NVC will send your petition to the U.S. Embassy or Consulate in your fiancée’s country to schedule the K-1 visa interview for your fiancée abroad. Pathak and Feldman can help to obtain a K-1 Visa.

What Will You Need to Successfully Complete the K-1 Visa Process?

Obtaining a K-1 fiancée visa takes time, patience and a great deal of preparation. Ensuring that you have all of the required documentation and have completed all necessary requirements is crucial for a successful obtainment in the swiftest time possible. Inability to present what’s required the first time around can significantly delay the process.

Here’s what you and your fiancée will need to have on hand and ready to show during the visa interview with your Consular Officer:

  • Your fiancée will need to present a completed Form DS-160
  • Your fiancée must furnish a valid passport that allows for travel to the U.S. and that is valid at least six months beyond your 90-day period to get married
  • If either of you have had previous spouses, you must present the original divorce, annulment or death certificate for all previous spouse(s)
  • Your fiancée will need to present police clearance certificate(s) from his/her present country of residence as well as police clearance certificate(s) from all countries where he/she lived for six months or more since the age of 16
  • Your fiancée will need to furnish proof of a completed medical examination with a USCIS-authorized civil surgeon abroad
  • You and your fiancée must provide proof that either you can support your fiancée financially or your fiancée can financially support himself/herself. This is to proof that your fiancée will not become a financial obligation of the U.S.
  • Two 2-by-2 photos of your fiancée
  • Additional materials – such as photos of the two of you – may be requested by your Consular Officer during your visa interview. You must be prepared to show that your relationship with your fiancée is genuine, you have previously met in person and your engagement is official

Preparing Your Fiancée’s Children to Enter the United States

If your fiancée has children who are under 21 and are unmarried and who will become part of your U.S. family, your fiancée’s children must apply for K-2 visas. Each child must apply separately for a K-2 visa.

Supporting documentation for children during the visa interview must include:

  • Completed DS-160 form for each child
  • For children over 16 years of age, police certificates from each child’s present country of residence as well as police certificates from all countries where each child lived for six months or more since the age of 16
  • Each child must have a valid passport that allows for travel to the U.S. and that is valid at least six months beyond your 90-day period to get married
  • Each child must have completed a medical examination, with documented proof of the exam

Make sure to include the names of your fiancée’s children and supporting evidence proving the relationship on Form I-129F petition.

K-1 Eligibility for Same-Sex Couples

As a result of a combination of current immigration law and the U.S. Supreme Court decision overturning of Defense of Marriage Act (DOMA) – which had deemed marriage solely as a union between one man and one woman – same-sex couples can now petition for K-1 fiancée visas.

Where to Begin?

As you undertake the exhilarating, yet involved and complicated, process of obtaining a K-1 visa for your fiancée, it can be tremendously helpful to receive specialized guidance and expert assistance to streamline and expedite the lengthy process.  Based out of Southern California since 2009, Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. We’re here to provide caring and knowledgeable assistance from the start to the finish of your K-1 fiancée journey together.

Call us at 312-321-4773 today to schedule a consultation!