Foreign nationals who are engaged to U.S. citizens can apply for a K-1 fiancé(e) visa to come to the U.S. to get married. Applying for a K-1 fiancé(e) visa can be a complex process. Making mistakes or failing to carefully prepare the K-1 fiancé(e) visa petition can result in costly delays, if not denials.
To position your K-1 fiancé(e) visa for approval, it’s in your best interests to work with an experienced immigration attorney who can help you successfully navigate the process.
The Los Angeles immigration lawyers at Hanlon Law Group have decades of experience helping clients with the fiancé(e) visa application process, as well as the subsequent green card application process. We also assist clients in obtaining K-3 spouse visas.
Call (800) 976-5675 or email our firm to find out how we can help you with any aspect of the K-1 fiancé(e) visa process.
Eligibility Requirements for K-1 Fiancé(e) Visas
In order to qualify for a K-1 fiancé(e) visa, the petitioner or applicant must demonstrate (to officials at U.S. Immigration & Citizenship Services, USCIS) that (s)he:
- Is a U.S. citizen
- Is planning on marrying the fiancé(e) within 90 days of him or her coming to the U.S.
- Is legally free to marry the fiancé(e) and vice versa – In other words, both parties, the petitioner and the fiancé(e), cannot currently be married. If either was previously married, (s)he must show that the former marriage has legally been dissolved (via annulment, divorce or death).
Generally, a petitioner must also demonstrate that (s)he has met the fiancé(e) in person at least one time over the past two years. Some exceptions can apply to this requirement.
USCIS Form I-129F, Petition for Alien Fiancé(e), is one of the essential documents that must be filed with immigration authorities in order to start this visa application process.
K-1 Fiancé(e) Visas: More Important Information
- Once a K-1 Fiancé(e) Visa Petition Is Filed – USCIS processes K-1 visa requests in the order they are received. Applicants can check on processing times here.
- Once a K-1 Fiancé(e) Visa Is Issued – Within 90 days of entering the U.S., the engaged foreign national must marry the U.S citizen. Once married, the K-1 visa holder can then apply for a green card to obtain permanent residence in America.If the marriage does not occur within the 90-day period, the K-1 visa expires. Extensions are not available for K-1 visas. This means that the foreign national would be required to either leave the U.S. or seek another immigration status change in order to legally stay in the U.S.
- Filing For a K-1 Visa More Than Once – If you have applied for a fiancé(e) visa one or more times in the past, you may be flagged by the U.S. government as attempting to commit immigration fraud. There may be added interest if you met your fiancé(e) through an international marriage broker. It’s even more important in these circumstances to consult an immigration lawyer who can explain your best options for proceeding with a second (or subsequent) K-1 fiancé(e) visa application.
Contact a Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.
For more information about the K-1 visa requirements and the visa application process, contact a Los Angeles immigration lawyer at Hanlon Law Group, P.C. For more than 20 years, our lawyers have been successfully representing clients in various types of immigration cases.
Offering state-of-the art case management technology, as well as old-fashioned personal service, our attorneys are proud to deliver:
- Cost-effective, high-quality legal service and representation to help our clients successfully resolve their immigration issues
- Immigration services in various languages, including in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog and Fukienese.
Call (800) 976-5675 or email us to learn more about our citizenship, immigration and deportation defense services. Initial consultations are free and confidential.