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LAW OFFICE OF JIMENA G. CABRERA
SPECIALIZING EXCLUSIVELY IN IMMIGRATION LAW
EB-5 INVESTOR REPRESENTATION

K-1 FIANCE 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 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.


Process


First step:  The US citizen fiancé(e) to file Form I-129F, Petition for Alien Fiancé(e). Form I-129F is to be filed on behalf of the foreign citizen fiancé(e) applicant. The purpose of this USCIS form is to show evidence of your relationship. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.

Second step: 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. Applicant (and any eligible children applying for K-2 visas) must complete Form DS-160 and bring to the 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 applicant's present country of residence and all countries where applicant has 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)
  • Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
  • Two (2) 2x2 photographs.
  • Evidence of relationship with your U.S. citizen fiancé(e)
  • Payment of fees.


If the visa is approved, the fiance enters the United States in that category and he/she has to marry the United States Citizen within 90 day. Once married the foreign national will apply for adjustment of status in order to obtain the green card.

Minor children of fiances can accompany them.

HAVE PEACE OF MIND. PUT AN ATTORNEY IN CHARGE.

*The information contained herein is intended for general informational purposes only. It is not intended for legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Government processing times may change at any time. For current USCIS processing times contact USCIS directly.

K-2 MINOR CHILDREN OF FIANCE VISA