Immigration Law

A U.S. citizen may file a K-1 visa for a fiancé (e) abroad. A fiancé(e)’s children may also qualify for a K-2 visa, if the children are unmarried and under 21. To qualify for a fiancé(e) visa, the following requirements apply:

• The couple must have met in person within the past two years of filing the petition (in some cases this requirement can be waived);
• They must have a good faith intention to marry and
• They must be legally able and willing to get married within 90 days of the fiancé’s arrival in the U.S.

The K-1 process involves 3 steps. First, the petition is applied for in the United States with the United States Citizenship and Immigration Services (USCIS). Second, once this is approved, it is then sent to the National Visa Center (NVC) which will prepare the application for the Consulate in your fiancé(e)’s home country. Third, once this paperwork has been completed, the NVC will then send the application to the Consulate in your fiancé(e)’s home country. The Consulate will call your fiancé(e) in for an interview. The Consulate has the right to review the entire application. The consulate will assess whether the three requirements listed above have been met. After the petition has been approved, the fiancé(e) must obtain the K-1 visa from the U.S. consulate within four months. Once your finance arrives in the U.S., you must marry within in 90 days. Your fiancé can then petition for a green card in the United States.

The overall processing time can take anywhere from nine months to a year depending on how busy the Consulate is, whether all the necessary documents are timely received and whether the Consulate decides to do an investigation. Please note that this time frame can change at any time.

Maris Immigration Law, can walk you through the complex twists and turns of a K-1 visa. Our experienced immigration attorneys will prepare you and your fiancé(e) for the consular interview, as well as the next steps after you are reunited in the U.S.