Frequently Asked Questions (FAQ) about a K-1 Fiance Visa

AMERILAWGROUP


  • What is a K-1 Fiance visa?

    It is a document issued by the US government which allows your fiance(e) (the person you are going to marry) to come to the US and marry within 90 days. 

  • Does it matter if I live in a state which is not near the state where my lawyer is located?
  • No, visas are issued by the US government and can be obtained for US citizens by attorneys located anywhere in the US.  AmeriLawGroup has obtained k-1 fiance visas for people located throughout the US and in foreign countries.
  • Can I file for a visa while I am outside of the US? 
  • Yes, a US citizen may file for a visa while living outside the US.
  • What are the requirements for approval of the fiance visa?

    They are:

    • You must be a US citizen; Fiances of permanent residents are not eligible for the K-1 Fiance visa
    • You and your fiance must be legally able to marry
    • You must really intend to marry within 90 days of the time your fiance comes to the US.
    • You must not have any disqualifying conditions such as  serious criminal records or communicable diseases.
    • You must have personally met your fiance within the last two years
      • Note: there are some exceptions to the "have to meet" rule such as physical disabilities or cultural prohibitions to personally meeting prior to marriage.  Contact me Amerilawgroup for details.
  • How long does my fiance have to come to the US after the visa is issued?

    6 months. 

  • How long is my original petition valid after approval?

    It is valid for four months after initial approval but may be extended an additional four months by the consulate or embassy where your fiance lives.

  • Can I marry overseas and then bring my new spouse back with me using a K-1 visa?

    No, you would have to file for a different type of Visa called a K-3 or CR-1 visa.  There is one exception for the situation where the marriage is not legally registered in the country in which you have a ceremonial marriage only.  Call Amerilawgroup for details.

  • What is the K-1 fiance visa process?
  • There are two phases in the K-1 process (Phase I and Phase II)
    • Phase I: We file required USCIS forms.  We provide additional supporting documentation for the Petition.  The Petition and documents are sent to the USCIS for processing.
    • The Petition is approved and our forms and documentation are sent to the consulate or embassy where your fiance lives for further processing.
    • Phase II:  We file additional forms and documentation which have been requested by your fiance(e)'s embassy or consulate.
    • Your fiance attends an interview and is issued a K-1 visa to come to the US. 
    • Your fiance comes to the US within six months of his/her visa being issued.
    • You and your fiancée marry in the US and he/she applies for permanent residency (greencard) within 90 days.  Your fiance remains in the US and obtains temporary work and travel permits to use while the application for permanent residency is pending.
  • Once my fiancé(e) is in the US can the K-1 visa be extended past the 90 days before marriage?

    No, if you are not married within 90 days your fiance would have to leave the US.

  • After I marry my fiance who is in the US on a K-1 visa does my new spouse have to return home?

    No, she may remain in the US if she applies for permanent residency (Green Card) within 90 days of arrival.

  • If we do not get married and my fiance leaves the US can I reapply?

    Yes, if more than 2 years has gone by since your first petition was approved. If less than two years have gone by then additional documentation is required.  A waiver would be required.

  • How long does it take to obtain a K-1 fiance visa?

    This will vary from case to case depending on where you file your petition and where your fiance(e)’s embassy or consulate is located.  A good rule general rule would be 5-6 months; however we are seeing some visas issued in less than that.  It generally takes less time than indicated on the USCIS websites.      

  • What if my income is too low to sponsor my fiance under the government rules?

    If your income is not high enough you may have an additional sponsor's income and property used to achieve the needed income level. 

  • Ok, I want to use the K-1 fiance visa to bring my fiance to the US. How do I get started?

    AmeriLawGroup can get the process started within 24 hours of hearing from you.  Please review our Services and Fees and we will take it from there.