A type of family-based immigration, the non-immigrant fiancé(e) visa with the K-1 classification allows the future spouse of a U.S. citizen to come to the U.S. in order to get married within a required time frame. The K-1 visa is one pathway to a marriage-based green card and is not the same as an I-130 petition for a spouse.
The K-1 visa is only for engaged foreign nationals currently living outside of the U.S. If both partners in the engaged couple are currently living in the U.S., then it is likely that your fiancé will need to file for an adjustment of status.
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
Last, you may believe that you have to be wealthy in order to petition to bring your fiancé to the U.S., but that is not true. An executive order in 2019 created a rule that required all family-sponsored immigration petitioners to provide extensive financial and personal documentation in connection with this application, but that is no longer the rule. While the process is not free, it is affordable for most people and now requires only verification of basic financial information of the Petitioner.
At either of these two stages, a lack of proper documentation is the most common cause of denial. But even a visa approval is not a guarantee of being allowed into the U.S. at a port of entry. Once in the U.S., the couple has 90 days to marry, and during that time the foreign fiancé may apply for employment authorization. After the marriage, the visa holder may apply for permanent residency — a green card.
There are a few ways to make your life easier while you wait to find out if you’ll be able to live with your fiancé on U.S. soil. First, create a USCIS online account. This will allow you the chance to review your status online as the process goes through its many steps.
Second, consider hiring an experienced immigration lawyer. While the steps themselves seem easy, it’s the gathering of evidence and documentation that can be stressful and complicated. From requesting copies of old vital statistics records like birth certificates, divorce decrees, and the like, to knowing how to narratively document the timeline and characteristics of your relationship in order to show USCIS that it is bona fide, a lawyer can support you.
When the future of your family is on the line, the process for getting a K-1 visa is worth getting right. If you are ready to take the next steps toward a K-1 visa, schedule a consultation with Farmer Law today.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
