The Law Office of Jason A. Dennis has the knowledge and experience to explain the opportunities presented by a fiancé visa K-1, and help you through the process from start to finish.
If this is an option you have been considering, or if it is still a new idea for you, contact our law firm at 516-494-7373 for a free initial case evaluation.
New York City K1 Visa Attorney
A United States citizen engaged to a non-citizen may apply for a K-1 visa allowing their fiancé entry into the U.S. This particular visa grants the two of you the right to marry and for them to reside within the country. If the visa application is approved you will need to be married within 90 days of their entry or they will be required to leave the United States after an additional 30 days.
They may apply to change their legal status to a lawful permanent resident of the U.S. after the marriage. The K-1 visa application is typically a simple one, but if you have any concerns about it or are struggling to complete your application, contact the legal experts at The Law Office of Jason A. Dennis for legal advice on your case.
How is K-1 Visa Eligibility Established?
The petitioner for a K1 visa must be a U.S. citizen. They must be able to show intent to marry within 90 days of the K-1 visa beneficiary's (their fiancé's) entry into the United States. They must have met their fiancé in person at least once within 2 years of filing for the K-1 fiancé visa application unless doing so would violate customs or cultural practices, or if it can be proven that meeting would result in extreme hardship.
K-1 Visa Requirements
There are a number of requirements that must be met for a successful K-1 application.
- The couple must have met in person within 2 years of filing for the visa. This will require you to provide evidence of the meeting with your petition. This evidence can be in the form of photographs, correspondence, financial support, or phone records. An application without the necessary evidence will be automatically denied, and the immigration office may request that you supply additional evidence documenting the relationship if they judge what you give them to be insufficient. Having an immigration attorney in New York City complete the necessary paperwork and submit your visa petition with the necessary evidence can help you avoid common pitfalls.
- Background checks will be conducted on the foreign fiancé, checking both their name and fingerprints. This process will search for an applicant's criminal record. While certain crimes will prevent a visa from being issued, not all will result in the application being denied Although certain crimes can prevent the issuance of a visa, not all crimes will prevent it. The United States Citizenship and Immigration Services (USCIS) may permit the issuance of a K-1 non-immigrant visa with a record showing a minor crime for which jail time has been served or a fine has been paid. Other factors may contribute to this position, such as how long the time period is since the offense, and whether your criminal background check reveals anything else.
- The citizen petitioner will be required to submit income evidence. This will demonstrate whether or not the petitioner is able to meet the minimum income requirements to support both parties. The reported income must meet or exceed 100% of the United States' poverty guidelines.
- The visa applicant will need to undergo a medical exam. This exam will review the applicant's physical and mental health, vaccination history, and run blood tests for a number of communicable diseases. The medical exam is usually not too stringent but tends to flag any illnesses that can be harmful to the fiancé or to public health, or that are degenerative and will get progressively worse.
- The applicant must sit for a visa interview. This will test for the applicant's knowledge of their fiancé, wedding plans, and their own background in order to verify that you have a bona fide relationship. The interview can be a make or break deal for the application process so you will want to be certain you know your fiancé well, review previously submitted documents to be sure you don't give contradictory answers, and stay calm and relaxed during the interview. All told, it should usually be fairly quick.
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Remember that approval of the initial petition (form I-129F) does not guarantee that the visa is granted. Once the petition is approved the fiancé must still undergo a medical examination, criminal background check, and interview. The period of time required to run through the entire US visa process can vary but usually lasts around 8 months.
Petitioners can avoid an unnecessary delay or even an accusation of visa fraud by staying organized, making sure that applications and other paperwork are completed on time and accurately, and scheduling all necessary appointments as soon as possible. Hiring an experienced citizenship attorney or immigration law firm can help you keep the entire K-1 process in order and moving as quickly as possible.
What Can I Do if My Application is Denied?
Our law firm is available to explain the process of applying for a fiancé visa K-1 and give you legal support through the process. We can guide you through the paperwork and bureaucracy that can cause confusion or slow the application process and help you get the best result from your case as smoothly and quickly as possible. For a case evaluation with a skilled lawyer for immigration, contact the Law Office of Jason A. Dennis.