How Do You Get a Fiance Visa
A fiancée visa is used to bring someone who you intend to marry into the United States. It will not allow your fiancé to live in the United States indefinitely. y It only allows your fiancé to enter the United States on a very temporary basis (90 days). Iff your fiancé f é wants to stay in the United States the she will need to marry you within 90 days and then apply for a green card. The process used to change from the K1 visa to the green card is called adjustment of status.
The K-1 fiancée visa can be approved if all of the requirements are met. These include, among other things, the following: that the petitioner is a United States citizen; that you are both b h free f to marry (no ( pending d divorces d etc.); that you have met each other, in person within the last 2 years (you may be able to obtain a waiver of this requirement); that you are able to show that you can financially support your fiancé in the United States; that you both intend to marry each other within 90 days of your fiancée entering the United States.
Please see our blog post: " 10 things to know about fiancé visas" visas for a more inin depth look at the fiancé visa process. If mistakes are made,, even small mistakes,, then there can be serious delays in the processing of the K1 fiancé visa. If you would like to get a fiancée visa for your loved one then you need to follow th these ttwo main i steps. t Th They are:
File a Petition with USCIS The U U.S. S Citizen will file the petition. (Remember, only United States Citizens not green card holders, Citizens, holders can apply for a K-1 fiancé visa. If you are not a United States citizen but would like to become one then click here for information on becoming a United States Citi Citizen) ) The Th form f is i Form F I-129F. I 129F It is i called the petition for alien fiancee.
This form needs to be correctly completed and then it has to be submitted to the correct USCIS local office. Then,, when USCIS approves pp the petition, it will then be forwarded to the National Visa Center (NVC). The National Visa Center will then forward it to the appropriate US Embassy or C Consulate. l t After Aft the th US Embassy E b or Consulate receives the petition, your fiancé in another country will then be able to file for a K-1 non-immigrant visa.
ď ś The Visa ď ś The application process for the K-1 K 1 visa includes the following: the required documentation, a medical examination along g with any vaccination requirements. In addition there needs to be a showing of proof of support along with a completed affidavit of support form (with any supporting pp g evidence). ) The required q documentation for this step can vary by consulate. However, the documents which will be required can be viewed on the applicable US Consulate website.
ď śYou can view these requirements yourself or you can enlist the help of an experienced immigration attorney. y These requirements q may y include the following: a valid passport which will allow for travel to the United States, a divorce or death certificate f for f any and all previous spouses for the applicant (the US citizen will also need divorce or death certificates for any and all previous spouses).
ď śIn addition, your fiancĂŠ will need to obtain police certificates from countries she previously lived in for over 6 months starting g from the age g of 16,, 2 photographs (make sure that these photographs comply with the rules), and then finally f you need to provide evidence of the relationship between the two of you. you
The medical examination is required for any applicant. applicant It does not matter how old the applicant is at the time of the p process. The medical examination can be done only y by y a paneled p medical doctor. Your fiancé may need to obtain vaccinations.
You must be able to prove that you can support your fiancé financially when she enters the United States. This will come up p during g the interview. You are basically showing the immigration g officer that y your fiance will not need to receive public benefits in the United States. You are showing that you are able bl to t financially fi i ll supportt your fiancee.
ď śThe affidavit of support that you will prepare is Form II-134 134. This form must be turned in with additional evidence ( tax,, income,, including g a letter from the U.S. citizen's employer and also information on the assets of the U.S. citizen).
ď śFinally your fiance will also need to demonstrate that the relationship with you is valid. This can be shown with p pictures,, e-mails and other evidence. properly, p y even if all of ď śIf this is not done p your other paperwork is in order, your case will not be approved. Therefore, t k special take i l care in i preparing i this thi evidence.
In conclusion you should be able to obtain the K K-1 1 fiancé visa for your fiancé. You need to make sure however that everything is done the right way all the way through the h process. The information provided on this site is not legal advice but general information only. only Laws can and do change and additional laws may y apply pp y in y your case. Contrary y to what your friends tell you every immigration case is different. Please contact our office to review your matter prior to filing any documentation with USCIS
ď śLawrence Gruner is an experienced Immigration Attorney in Sacramento. Sacramento He has 20 years of experience handling immigration g cases. He has office locations throughout northern California. g cases ď śHis office handles immigration throughout California (including San Francisco, Oakland, San Jose, San Diego and dS Sacramento) t ) th the U United it d St States t and d the World.
ď śYou may reach us from anywhere in the world toll free at 888-801-6558 . You may also email us your questions. Attorney y Gruner would be happy ppy to review your situation and all of your options. He can help you come up with a plan for f your Immigration case.
His office handles green card cases (both family based green cards and business based green cards ) K1 fiance visa cases (please read our article 10 things (p g to know about K1 visas), naturalization and citizenship cases, E1-E2 investor cases, H1b cases ( visit our blog: How to get an H1b visa)and marriage visa cases. Fi d outt how Find h do d you gett a fiancé fi é visa i here: http://www visa4you info/ http://www.visa4you.info/
Published on May 11, 2013