U.S. Customs and Immigration (USCIS) has special provisions for fiancés of U.S. citizens, allowing them to immigrate to the country. If you intend to move your fiancé to the U.S. to marry them, you need to speak to a San Francisco humanitarian visa lawyer as soon as possible.
An immigration lawyer from Mendoza Law can help your fiancé apply for a K1 visa and obtain legal status to live and work in the United States. Contact us today to speak to a K1 fiancé visa lawyer serving San Francisco.
How Does a K1 Visa Work?
A K1 visa is a special type of non-immigrant visa that allows the fiancé of a U.S. citizen to legally move to the U.S. to get married. If you are engaged but your fiancé lives outside of the U.S., a K1 visa will allow them to move here so you can legally marry them.
After being married, a K1 visa holder can take steps to apply for permanent residency (green card). There is also the K2 visa, which allows the children of the fiancé to move to and work in the U.S. K1 visas are specifically for fiancés who are not married. If you are already married to someone outside of the U.S., you will need a K3 visa instead.
K1 Visa Eligibility
Below are the eligibility criteria for K1 visas. If you are unsure of whether your situation qualifies, you can talk to a San Francisco immigration lawyer to assess your eligibility, which consists of the following factors:
- You must be a U.S. citizen.
- You and your fiancé are legally eligible to be married
- You intend to marry your fiancé within 90 days of them entering the country on the K1 visa.
- You met your fiancé in person at least once within the past two years.
Note that you can receive a waiver for the last condition if you show that meeting your fiancé in person would cause undue hardship or violate long-standing customs of your fiancé’s country.
If you do not abide by the 90-day marriage timeline, your fiancé can lose their visa and legal status in the country.
Process of Applying for a K1 Visa
Below is a quick guide on the process of applying for your fiancé’s legal status. There is no statutory limit to the number of K1 visas the U.S. government can issue, but multiple filings can raise concerns, so you should work with a lawyer to avoid mistakes that could delay your application.
1. File Form I-129F – Petition for Alien Fiance
Before your fiancé can apply for a K1 visa, you must file Form I-129F – Petition for Alien fiancé with USCIS. This form is to determine whether your fiancé is eligible for a K1 visa based on your relationship with them.
2. Submit Additional Requested Evidence
After submitting the petition, USCIS may contact you for additional information to verify your relationship. Requested information may include sworn statements of your intention to marry or proof of having met within the last two years. You may also be requested to provide financial information, such as tax returns.
3. Fiancé Applies for K1 Visa at the U.S. Embassy
Once the petition is approved, your fiancé can apply for a K1 visa at the U.S. embassy near them. The relevant U.S. embassy will decide whether or not to grant a visa to your spouse. If granted, a K1 visa is valid for up to six months and for a single entry to the US.
4. Fiance Enters the Country for Marriage
After receiving the visa, your fiancé can present at a port of entry to the country for inspection. Note that a K1 visa does not guarantee entry into the country, and the ultimate decision is up to U.S. Customs and Border Patrol (CBP). Once granted entry, you and your fiancé have 90 days to get married.
How Long Does Approval for a K1 Visa Take?
The process from applying for a petition to your finance entering the country typically takes anywhere between eight and 12 months. Generally, K1 visa processing times are faster than other types of immigrant visas because there is no statutory limit to the number that can be issued.
Errors in your application, however, can lengthen approval times, so you need a K1 fiancé visa lawyer serving San Francisco to get things right the first time.
How Can a San Francisco Immigration Lawyer Help Me?
The U.S. immigration system is notoriously obtuse and difficult to navigate without professional training. A K1 visa lawyer from Mendoza Law can assist through the entire process by:
- Filling out appropriate forms and applications
- Gather evidence of a bona fide relationship between you and your finance
- Obtain personal and financial documentation for applications
- Responding to requests for additional documents or evidence
- Appealing K1 petition or application denials
- Providing post-arrival support to your fiancé
Call Our San Francisco K1 Visa Lawyer Team Today
Applying for a K1 visa is a complicated process with several potential pitfalls, but help is available. Mendoza Law is proud to support immigrants as they seek better opportunities.
Attorney Maria knows first-hand the challenges immigrants face and can work to help couples and families be together and build a new life. Contact our offices today to schedule a case consultation with a K1 visa lawyer serving San Francisco.