Our K1 Visa Lawyer in Miami, Florida USA assists clients with the K1 Visa for fiancés of US citizens seeking to enter the United States to get married and apply for permanent residency (green card).
The K1 visa is a temporary visa that allows a U.S. citizen to bring their fiancé to USA to get married and apply for green card through adjustment of status. The K1 Fiancé Visa has become popular through the US television series 90 Days Fiancé which is based on the K1 Fiancé Visa process.
The K1 visa is not available for spouse of US citizens or in other words couples who are already married. If you are a US citizen who is already married, visit our spouse visa page to learn more about how to apply for a green card for your spouse, and obtain a work permit.
K1 visa is also not available to fiancés of lawful permanent residents (green card holders).
“As K1 Visa Lawyers in Miami Florida USA, we have experience on the subject and we share our knowledge regarding K1 Visa for all those interested in getting one, with the help of an experienced K1 Visa Lawyer.”
A U.S. citizen can bring their foreign fiancé to the United States on a K1 Visa to get married in the United States. Our experienced K1 Visa Lawyers explain clients that the marriage must take place within 90 days from the day the fiancé enters the U.S. on a K1 Visa.
If the marriage occurs within the 90 days, then the fiancé can apply for adjustment of status to lawful permanent resident (Green Card). The fiancé cannot qualify for a K1 Fiancé Visa if there are plans for the marriage to take place outside of the United States.
Children of K-1 Visa applicants can come to the U.S. on a K-2 visa and the best K1 Visa Lawyers recommend that the dependent children (unmarried and under the age of 21) be included in the K1 visa application submitted to the U.S. Citizenship and Immigration Services (USCIS).
What Is the Best Advice That An Experienced K1 Visa Lawyer Gives Clients?
To obtain a K-1 Visa for the foreign fiancé, the U.S. citizen must act as sponsor and petition with USCIS to bring the fiancé to the United States.
Our K1 Visa Lawyers recommend that the petition and information provided to the government agencies be as complete as possible and accompanied by all supporting documents in order to avoid delays, requests for further evidence or denials.
The process for applying and obtaining a K-1 Visa involves various U.S. government agencies, including USCIS, the U.S. Department of State and U.S. Customs and Border Protection. The fiancé must also attend a visa interview at the U.S. Embassy in his or her home country.
Who Can Apply for a K1 Visa?
Our best K1 Visa Lawyers explain that in order to be eligible to apply for the K1 Visa, you must meet the following requirements:
1. The petitioner or sponsor for the K-1 Visa is a U.S. citizen.
2. The U.S. citizen and his or her fiancé are not married at the time of application and any previous marriages have been terminated prior to the K-1 Visa application. If you were previously married than any prior marriages must be terminated before submitting a K-1 petition.
3. The U.S. citizen and foreign fiancé both intend to marry each other within 90 days of the fiancé’s admission to the United States.
4. The U.S. citizen and fiancé have met in person at least one time during the 2 years prior to application for the K-1 Fiancé Visa. It is possible to request a waiver of the in-person meeting requirement only in limited circumstances, including extreme hardship for the U.S. citizen or if it violates the customs of the fiancé’s foreign culture.
K1 Visa Steps
The steps to apply for K1 Fiancé Visa are:
- File I-129F petition for fiancé with USCIS. To start the K1 visa process, the US citizen must first file I-129F with USCIS on behalf of his or her fiancé together with supporting documents. If the fiancé plans to bring his or her children to the United States, then the children should be included in the petition. The approval is valid for 4 months from date of USCIS approval and can be revalidated by a Consular officer.
- Apply for a K1 Visa at the nearest US Consulate. After I-129F is approved, the application is forwarded to the US Consulate abroad. This process can take about 3 months. Then the US Consulate sends fiancé an electronic packet with:
- Instructions for accessing form DS-160 to apply for K-1 visa
- A copy of the approved I-129F, together with any background information gathered by USCIS
- Detailed information about how to obtain medical examinations and schedule a visa interview.
- K1 Visa interview. The fiancé follows the instructions sent by the US Consulate and schedules a visa interview. The fiancé attends the in-person K1 visa interview at the US Consulate. Children under 14 years of age are not required to go to the interview. Dependent children are each required to submit a DS-160, Nonimmigrant Visa Application. Only original documents are accepted during the interview. Important originals will be returned to the applicant.
- Travel to the US. If the US Consulate approves the K1 visa, then the fiancé can travel to the United States once he or she receives the passport with the K1 visa stamp.
Green Card for K1 Fiancé
After the fiancé receives the K-1 Visa and travels to the U.S., he or she can apply for work authorization and can work in the United States once the work authorization is approved. The work authorization is valid for 90 days from the day he or she enters the U.S.
After the fiancé arrives to the United States, and if the couple gets married within 90 days, then the fiancé can file for adjustment of status (green card) with USCIS together with other several forms. The adjustment must be based on marriage to the K-1 visa petitioner and not to another U.S. citizen. There is no deadline to file the adjustment application, but it is recommended to do it as soon as practicle.
K1 fiancé cannot change to another status and cannot obtain a green card on any grounds other than marriage to the US citizen who submitted the K1 visa petition.
Malescu Law can assist
Contact our experienced K1 Visa Lawyers in Miami, Florida USA to schedule an appointment for your K1 Fiancé Visa case and find out more about this visa and other USA visa options available to you. Our K1 visa immigration attorneys can assist you with your application and process before the USCIS and the U.S. Consulates and Embassies abroad. Contact us!
Malescu Law P.A. – K-1 Visa Lawyers