Essential Guide to the U.S. Fiancé K-1 Visa Application

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Introduction

Welcome back to my blog series, "A Lawyer Explains." I am Matty Luna, your trusted Seattle Immigration Attorney at Crescent Law. In this post, we will explore the U.S. Fiancé K-1 Visa process. Our goal is to help you make an informed decision.

What Is the Fiancé Visa?

The U.S. Fiancé K-1 Visa allows foreign fiancés of U.S. citizens to enter the United States for marriage. This visa is available to all couples, including same-sex partners, regardless of their home country's laws. Once granted, your fiancé can come to the U.S. You then have 90 days to get married.

Eligibility Requirements

Before applying, it's important to ensure you meet the visa requirements:

• U.S. Citizenship: The sponsor must be a U.S. citizen.
• Marital Status: Both you and your fiancé must be free to marry. If previously married, provide divorce decrees, annulments, or death certificates.
• Proof of Relationship: You must prove your relationship is genuine. Evidence can include photos, travel records, and a timeline of your relationship.
• In-Person Meeting: You must have met your fiancé in person at least once within the past two years. Exceptions may apply for certain cultural or hardship reasons.
• Financial Requirements: The sponsor must meet income requirements. You will need to provide an Affidavit of Support to show you can financially support your fiancé.

Step-by-Step Application Process

Step 1: Filing the Petition

The U.S. citizen sponsor begins by filing Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services (USCIS). This form verifies your relationship.

Step 2: USCIS Approval and Case Transfer

Once USCIS approves the petition, they send your case to the U.S. Department of State. The Department of State then forwards it to the U.S. Embassy or Consulate in your fiancé's home country. They will notify your fiancé of the interview date, location, and required documents.

Step 3: Gathering Necessary Documents

Both you and your fiancé need to provide several key documents:

• Birth certificates
• Valid, unexpired passports
• Police clearance certificates
• Passport-style photos
• Medical examination reports
• Affidavit of Support (Form I-134)
• Tax returns
• Proof of your genuine relationship

We help you organize these documents to ensure everything is complete.

Step 4: Visa Interview

Your fiancé will attend a visa interview at the U.S. Embassy or Consulate. A consular officer will review the application and documents. They may approve the visa on the day of the interview or shortly afterward.

Arrival and Marriage

After obtaining the U.S. Fiancé K-1 Visa, your fiancé can travel to the United States. Upon arrival, you must marry within 90 days. If you do not marry within this period, your fiancé must leave the U.S.

Pathway to Citizenship

The fiancé visa is more than a way to bring your loved one to America. It lays the foundation for your fiancé's future here. After marriage, your spouse can apply for a marriage-based green card. This opens the path to U.S. Citizenship after meeting residency requirements.

Professional Insights for a Smooth Process

Seek Professional Consultation

Working with an experienced Seattle Immigration Attorney like Matty Luna can make a significant difference. At Crescent Law, we guide you through each step. We ensure all documentation is accurate and complete.

Tailored Visa Plan

We help you craft a personalized plan for your case. From preparing forms to submitting documents and preparing for the interview, we are with you throughout the process.

At Crescent Law, we are committed to helping you Transform your Future. Bringing your fiancé to the United States is an important step. We are here to support you and make the process as seamless as possible.