Have Questions About K-1 Visas? Contact Our Austin Immigration Lawyer for Help
At J. Sparks Law, PLLC, our Austin finance visa lawyers are knowledgeable, experienced advocates for couples. We help the citizen petitioner and foreign fiance or foreign national fiancé with all aspects of the immigration process. You can qualify for a K-1 visa based on a bona fide relationship and intent to marry. If you have any specific questions or concerns about K-1 visas, we are here to help with the fiancé visa process. Contact us at our Austin law office today for a fully confidential consultation with a top Texas immigration lawyer.
AN OVERVIEW OF K-1 VISAS (FIANCE VISAS)
The K-1 visa—or as it is commonly referred to: the “fiancé visa”—is a specialized type of immigration option that allows a foreign national who is engaged to an American citizen to enter the United States for the purpose of marriage. The couple must marry within 90 days of the foreign fiancé’s arrival in the country. After the marriage is complete, the foreign spouse will then become eligible to apply for permanent residency. In other words, they can get a green card.
Note: There are no statutory caps on K-1 visas. If you and your partner meet the eligibility requirements, the foreign fiance can qualify for a visa.
THE BENEFITS OF A FIANCE VISA
The finance visa is one of the most straightforward and powerful immigration options. It offers a number of different advantages. Here are some of the most notable benefits of a K-1 visa:
- Future Foreign Spouses Can Enter United States for Marriage: To start, the K-1 fiancé visa provides a path for a foreign fiancé to enter the United States with the specific intent of marrying a United States citizen. The visa simplifies the process by setting clear guidelines and timelines for the couple. It allows the couple to begin their marriage here, within the United States, without the need to go through a prolonged pre-marital separation period.
- Qualify for Lawful Permanent Resident Status (Green Card): Once married, the holder of a K-1 visa can immediately apply for adjustment of status to become a lawful permanent resident of the United States. Compared to many other paths to immigration, that is a major benefit. Lawful permanent residency provides a green card. With a green card, the foreign national spouse can live and work in the United States on a permanent basis.
- Ability to Apply for American Citizenship (Three Years): After obtaining a Green Card, the spouse of a U.S. citizen who initially entered the U.S. on a K-1 visa can apply for American citizenship in just three years. Notably, for most immigration options, an immigrant must have a green card in good standing for a minimum of five years.
KNOW THE ELIGIBILITY STANDARDS FOR A FIANCE VISA
Are you and your partner preparing to use the K-1 visa process? It is imperative that you have a full understanding of the eligibility requirements. Here are five key requirements that must be met:
- A Bona Fide, Good Faith Relationship: You need to prove that your (intended) marriage is genuine. To be eligible for a K-1 visa, your relationship must be established on mutual affection rather than for the purpose of obtaining immigration benefits. U.S. immigration authorities scrutinize these relationships to prevent fraud.
- At Least One in Person Meeting in Last Two Years: Eligibility for a K-1 visa requires that the couple has met in person at least once within the last two years prior to filing the visa application. While some couples can qualify for waivers, those waivers are only issued on a limited basis.
- Intent to Marry Within 90 Days of Entry: Applicants for the K-1 visa must demonstrate a clear intent to marry within 90 days of the foreign fiance’s arrival in the United States. The commitment is crucial. The K-1 visa is specifically intended for soon-to-be spouses.
- Legal Ability to Get Married (No Existing Marriage): Both parties applying for a K-1 visa must be legally free to marry, meaning neither can be currently married to someone else. Depending on the circumstances, you may need to provide divorce records, annulment records, or death certificates of previous spouses.
- Sufficient Financial Support for Foreign Fiance: A foreign fiance cannot work immediately after entering the United States. They must get married and get a green card first. The U.S. citizen applying to bring a fiancé to the United States under a K-1 visa must demonstrate the ability to financially support their partner in the interim period.
WHAT TO KNOW ABOUT THE APPLICATION FORM (I-129F)
You can generally file your K-1 visa application through the online nonimmigrant visa application. The proper form to file for a fiance visa is called the: I-129F, Petition for Alien Fiancé(e). It is crucial that you carefully review this form and complete it accurately and completely. Even seemingly small errors could cause a delay or even a denial. An Austin K-1 visa lawyer can help you with the I-129F, fiancé visa petition for Alien Fiancé(e) paperwork.
UNDERSTANDING THE K-2 VISA (RELATED IMMIGRATION OPTION FOR CHILDREN)
The K-2 visa is a derivative immigration option that is available for the unmarried children under the age of 21 of a K-1 visa holder. To be clear, this specific type of visa allows these children to accompany a parent in immigrating to the United States. Once the marriage occurs, a child—up to the age of 21—who holds a K-2 visa can also apply for adjustment of status to seek lawful permanent residency just the same as their parent. In other words, the citizen fiancé can get a green card.
FOUR TIPS TO PREPARE FOR THE K-1 VISA INTERVIEW
For many people who are getting ready for marriage, or any previous marriages, one of the most stressful aspects of the immigration process is the fiance visa interview. Here are four tips to help you prepare for the K-1 visa interview:
- Review the Timeline of Your Relationship With Your Partner: Before the K-1 visa interview, it’s crucial to familiarize yourself with the timeline of your relationship, including key dates such as when you met, important events, and travels together.
- Know Some of the Most Common Fiance Visa Interview Questions: You should prepare for questions that typically arise during K-1 visa interviews, such as how you met your partner, why you chose to marry, and what you and your partner see for the future.
- Be Honest, Transparent and Clear: Honesty is essential in the K-1 visa interview. Any inconsistency can be grounds for denial. You should avoid exaggerating or fabricating details, as these can lead to complications in your application process
- Consult With an Austin K-1 Visa Attorney: You do not have to navigate the immigration process alone. An experienced Austin K-1 visa lawyer can help you with all aspects of the fiance visa process, including preparing for the interview.
WHY TRUST OUR AUSTIN IMMIGRATION LAWYERS FOR HELP WITH A K-1 VISA
Immigration is complicated—particularly so for K-1 visas. You and your partner do not have to navigate the application process alone. Our founding attorney Julie Sparks is an experienced immigration lawyer with the knowledge and skills you can rely on. With a team of attorneys, our firm has helped people from more than 110 different countries achieve their American dream. We are proactive. Among other things, our Austin K-1 visa lawyer is prepared to:
- Hear your story and answer questions about the fiance visa process;
- Gather and organize all of the supporting documentation that you need;
- Help you with the paperwork, including the I-129F, Petition for Alien Fiancé(e);
- Make sure that you and your future spouse are fully prepared for the interview; and
- Take action to ensure that you are positioned to overcome any potential obstacles.
Personalized representation is a must. Our firm is always ready to invest the time and resources into your K-1 foreign citizen fiancé visa case. You deserve an attentive attorney who truly cares about achieving the best outcome. With extensive experience handling all aspects of immigration law, our Texas immigration lawyer understands the importance of the attorney-client relationship. Our client reviews and immigration law case results demonstrate what our immigration attorney can do for you and your family.
FIANCE VISAS: FREQUENTLY ASKED QUESTIONS (FAQs)
- The K-1 visa or fiancé visa allows a U.S. citizen to bring their foreign fiancé to the United States for the purposes of getting married.
- It is a multi-step process involving both United States Citizenships and Immigration Services (USCIS) and the U.S. Department of State (DOS).
- A fiancé visa requires that the U.S. citizen applying for their foreign fiancé file the necessary petition with USCIS and, if it is approved, the required type of visa application with the Department of State. The final step is an interview at the consulate in the fiancé’s home country for a decision on whether a visa will be issued.
- If the fiancé is approved for a visa, they will be issued a visa valid for up to six months that can be used to enter the United States one time for a period of ninety days.
- The ninety-day period of a K-1 visa gives the foreign fiancé and the U.S. citizen the opportunity to marry and determine if they will for adjustment of status to permanent resident. The marriage must occur within 90 days in order to seek adjustment of status without a new petition.
- The individual that is bringing their fiancé to the United States must be a U.S. citizen. Marriage-based visas, however, can be filed by legal permanent residents of the United States or by U.S. citizens.
- The U.S. citizen and their fiancé must intend to marry one another during the ninety-day period the fiancé has been admitted to the U.S. on their K-1 visa.
- Both individuals must be legally permitted to marry each other in the United States, and all previous marriages of both must have been terminated through divorce, death, or annulment.
- The U.S. citizen and their foreign fiancé must have met each other in person at least once during the two-years prior to the filing of the petition for a K-1 visa.
- It is possible to file a waiver for this requirement if one of the two circumstances is true:
- it would result in extreme hardship to the U.S. citizen
- it violates strict and long-established customs of the foreign fiancé’s foreign culture or social practice.
- It is possible to file a waiver for this requirement if one of the two circumstances is true:
- A foreign fiancé can bring their children who are under 21 years of age and unmarried on a K-2 visa.
- For the fiancé’s children to be allowed to come to the United States they must be included in the fiancé’s petition and remain under 21 years of age and unmarried at the time they enter the United States.
- The fiancé’s children are also eligible to adjust status and become legal permanent residents after the marriage of their parent and their parent’s U.S. citizen spouse, but the children must remain unmarried in order to adjust their status.
- First you should determine if you are eligible for a fiancé visa
- Only U.S. citizens can petition for their foreign fiancé
- Only individuals that are already engaged, but have not married, are eligible for a fiancé visa
- An in-person meeting must have occurred within the last two years
- The U.S. citizen and their foreign fiancé should assess which process is faster if their most important goal is to be together in the U.S. as soon as possible.
- Where financial concerns are present, the couple should know that entering on a K-1 visa is more expensive than an immigrant visa application based on marriage abroad, in terms of obtaining a green card (residency). This is because those who enter on a fiancé visa must take the additional step of processing an adjustment of status application in order to become a resident. Those who enter the U.S. based on marriage abroad, however, become a resident upon entry to the U.S.
- There are many other factors to consider when making the decision to pursue a K-1 visa or consular processing and you should consult with an attorney and as a couple before making the decision that best fits your needs.
No. While the K-1 visa permits entry to the U.S. for the purpose of marriage to a U.S. citizen within 90 days, a marriage visa is used when the couple is already married and the foreign spouse wishes to immigrate based on that marriage.
It provides a path to a green card, but it is not automatic. After marrying the U.S. citizen sponsor within the required 90 days, the foreign national must then apply to adjust their status to become a lawful permanent resident.
The National Visa Center (NVC) is a part of the U.S. Department of State that processes visa applications before they are reviewed by a consulate or embassy. After USCIS approves a visa petition, the NVC handles the collection of visa fees and documentation from applicants.
CONTACT OUR AUSTIN, TX FIANCE VISA LAWYER TODAY
At J. Sparks Law, PLLC, our Austin fiance visa attorneys are skilled, experienced, and committed to finding solutions. If you have any specific questions or concerns about the finance immigrant visa process, we are more than ready to help. Contact us today to arrange a fully confidential, no obligation initial consultation. From our Austin law office, we handle K-1 visa applications in Travis County and throughout the surrounding region in Texas.
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