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K-1 Visa

K-1 Fiancé Visa Lawyer 

K-1 Visa Explained

The K-1 visa, also known as the fiancé(e) visa, is a critical instrument for individuals seeking to bring their foreign-national fiancé(e) to the United States with the intention of marriage. This visa category presents a unique set of requirements, processes, and considerations that must be meticulously navigated to ensure a successful outcome. 

K-1 Visa Requirements

To be eligible for a K-1 visa, the applicant and their U.S. citizen fiancé(e) must demonstrate that they have met in person within the last two years, have a genuine intention to marry within 90 days of the fiancé(e)'s entry into the United States, and are legally able to conclude a marriage that is valid in the state where the wedding will take place. Additionally, the U.S. citizen fiancé(e) must be able to provide evidence of their ability to financially support the incoming fiancé(e) and any accompanying family members.

The K-1 Visa Process

The process of obtaining a K-1 visa is a multi-step endeavor that requires careful planning and attention to detail. The first step is the filing of a Petition for Alien Fiancé(e) (Form I-129F) by the U.S. citizen fiancé(e) with the United States Citizenship and Immigration Services (USCIS). Upon approval of this petition, the foreign-national fiancé(e) will then undergo a visa interview at the U.S. Embassy or Consulate in their home country, where they will provide additional supporting documentation and undergo security and background checks. 

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Duration of Stay and Family Members

Upon entry into the United States, the K-1 visa holder is granted a 90-day period to marry their U.S. citizen fiancé(e). During this time, the K-1 visa holder is also eligible to apply for a K-2 visa for any minor children they may have, which will allow the children to accompany the fiancé(e) to the United States. After the wedding, the K-1 visa holder can then adjust their status to that of a lawful permanent resident (green card holder) through the filing of an Adjustment of Status application (Form I-485).

Fees and the K-1 Visa Process

At Tien Law Firm, our Raleigh immigration attorney charges the following in attorney’s fees to file for the K-1 visa status in the United States with the U.S. Citizenship and Immigration Services (USCIS), in addition to the filing fees currently charged by the USCIS to file these petitions:

  • Attorney’s fee for the primary beneficiary
  • $535 USCIS filing fee (but USCIS may increase filing fees from time to time)
  • Due later: $265+ Reciprocity Fee per person to the US Consular office
  • Due later: Medical providers may charge an additional medical exam fee

Contact our K-1 Visa Attorney

The K-1 visa process is a complex and multifaceted journey that requires meticulous planning, attention to detail, and a thorough understanding of the eligibility criteria and procedural requirements. By familiarizing themselves with the nuances of the K-1 visa, prospective applicants can increase their chances of a successful outcome and the opportunity to begin a new life together in the United States. With the guidance of a skilled immigration lawyer and a commitment to meeting all the necessary requirements, the K-1 visa can serve as a transformative pathway for couples seeking to build a future in the land of opportunity.

Call (888) 920-8180 or connect with Tien Law Firm online

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K-1 Processing Times

The processing time for a K-1 visa can vary significantly, depending on various factors such as the volume of applications, the applicant's country of origin, and the efficiency of the U.S. Embassy or Consulate. It is not uncommon for the process to take several months, and in some cases, even more than one year. In such instances, the guidance and expertise of a K-1 visa attorney can prove invaluable, as they can navigate the complexities of the system, ensure the application is properly prepared, and advocate on the applicant's behalf.

What Clients are Saying About Tien Law Firm

  • She is One of the best you can ever find...always there to take your calls and responds to your emails fast.
    - Bright I.
  • Sonya is an excellent lawyer whom I would hire again in a heartbeat. She is incredibly intelligent, delightfully clever, intensely dedicated, and wonderfully warmhearted. I completely understand why her clients not only trust her but also love her.
    - Tanja H.
  • Sonya is a brilliant lawyer who absolutely knows what she is doing! As a lawyer myself, it's easy for me to tell when another lawyer is overlooking something, and working with Sonya, I feel confident that nothing at all will be overlooked.
    - Melody M. - Attorney
  • I'm truly grateful to have found your firm. I can't imagine trying to go through this whole ordeal with anyone else let alone on my own. Thank you for all of your help, support, kindness and knowledge.
    - Tae T.

    Why Hire a K-1 Visa Lawyer

    A qualified K-1 visa lawyer can be an invaluable asset throughout the entire process. They can assist with the initial filing, help gather the necessary documentation, prepare the couple for the consulate interview, and guide them through the subsequent green card application. Additionally, a lawyer can provide crucial support in navigating any issues or roadblocks that may arise during the process, helping to ensure a successful outcome for the couple. The K-1 visa process can be a complex and challenging endeavor, but with the right guidance and support, couples can navigate the requirements and timelines with confidence. By understanding the financial responsibilities, the 2-year rule, and the value of a skilled K-1 visa lawyer, couples can increase their chances of a successful visa application and a seamless transition to life in the United States.

    Beginning the K-1 Visa Process:

    To begin the K-1 visa process, the U.S. citizen fiancé(e) must first file the Petition for Alien Fiancé(e) (Form I-129F) with USCIS. This petition must be accompanied by supporting documentation, including evidence of the couple's relationship, the ability to financially support the fiancé(e), and the intention to marry within 90 days of the fiancé(e)'s entry into the United States.

    Tips and Mistakes to Avoid:

    Navigating the K-1 visa process can be filled with tasks and paperwork, and it is crucial to be aware of the common pitfalls and best practices to ensure a successful outcome. Some key tips include maintaining detailed records of the relationship, being transparent and honest during the application process, and seeking the guidance of a Raleigh immigration attorney. Conversely, common mistakes to avoid include providing incomplete or inaccurate information, failing to meet the in-person meeting requirement, and not adhering to the 90-day marriage deadline.

    Understanding the K-1 Visa: Financial Responsibilities, Timelines, and the Role of a Lawyer

    Navigating the complex world of U.S. immigration can be a daunting task, especially when it comes to obtaining a K-1 visa for a foreign fiancé(e). This visa, also known as the "fiancé(e) visa," allows the foreign national to enter the United States for the purpose of marrying their U.S. citizen sponsor within 90 days of arrival. However, the process is not always straightforward, and understanding the financial responsibilities, timelines, and the benefits of working with a K-1 visa lawyer can be crucial for a successful application.

    Financial Responsibility for an Immigrant Spouse

    One of the primary concerns for U.S. citizens sponsoring a foreign fiancé(e) is the issue of financial responsibility. Under the K-1 visa requirements, the sponsor must demonstrate the ability to financially support the incoming spouse and any dependents. This obligation, known as the "Affidavit of Support," typically lasts for up to 10 years or until the sponsored individual becomes a U.S. citizen, whichever comes first. Failure to meet this financial requirement can result in the denial of the visa application or even lead to the sponsored individual's deportation if they become a public charge.

    The K-1 Visa 2-Year Rule

    Another crucial aspect of the K-1 visa is the 2-year rule. This regulation requires that the couple must have met in person within the two years before filing the application.

    The Value of a K-1 Visa Lawyer

    Given the complex nature of the K-1 visa process, many couples choose to work with an experienced K-1 visa lawyer. These legal professionals can guide you through the entire application process, from the initial filing to the final interview at the U.S. consulate. They can help ensure that all required documentation is properly submitted to avoid critical mistakes and processing delays, and provide invaluable advice on navigating the ever-changing immigration landscape.

    The Consulate Process and Interview for a K-1 Visa

    The K-1 visa process culminates in an in-person interview at the U.S. consulate in the foreign fiancé(e)'s home country. During this interview, the applicant will be asked a series of questions to determine the legitimacy of their relationship. It is crucial to be well-prepared and dress professionally for this important meeting.

    The K-1 Visa Timeline

    The overall timeline for a K-1 visa can vary depending on a variety of factors, but it typically takes between 6 to 12 months to complete the entire process, but can take longer. The Department of Homeland Security (DHS) and the U.S. Department of State (DOS) must both review and approve the application, and processing times can fluctuate due to factors such as backlogs, changes in policies, and global events.

    The Next Steps After a Successful K-1 Visa

    Once the foreign fiancé(e) has entered the United States on a K-1 visa, the couple must marry within 90 days. After the marriage, the sponsored spouse can then apply for a marriage-based green card, which will grant them permanent residency in the United States. This process can be complex, and working with an experienced immigration lawyer can help ensure a smooth transition.

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