Bringing your fiancé to the United States involves several important steps, starting with the K-1 Visa, also known as the Fiancé Visa. This visa allows your loved one to enter the U.S. so you can get married. Understanding the requirements and process is crucial for a successful application. The attorneys at the Rahimi Law Firm, P.C. can provide you with clear and comprehensive information about the K-1 Visa, ensuring you and your fiancé are well-prepared for this exciting transition.
What Is a Fiancé Visa?
A Fiancé Visa, or K-1 Visa, is a non-immigrant visa that allows a foreign national to enter the United States to marry their U.S. citizen partner. The K-1 Visa is designed specifically for couples who intend to marry within 90 days of the foreign fiancé’s arrival in the U.S. To qualify, the U.S. citizen petitioner must file a petition demonstrating a genuine relationship and intent to marry. This visa is a crucial step in uniting couples, enabling them to build their lives together in the United States.
The Application Process
Applying for a Fiancé Visa involves several key steps:
- Filing the I-129F Petition: The U.S. citizen petitioner submits Form I-129F, Petition for Alien Fiancé, to the U.S. Citizenship and Immigration Services (USCIS). This form includes proof of the relationship and intent to marry within 90 days of arrival.
- USCIS Review: USCIS reviews the petition, and if approved, it is forwarded to the National Visa Center (NVC) for further processing.
- NVC Processing: The NVC assigns a case number and sends the petition to the U.S. embassy or consulate in the foreign fiancé’s country.
- Consular Interview: The foreign fiancé attends an interview at the U.S. embassy or consulate, bringing required documents such as proof of relationship, police certificates, and medical examination results.
- Visa Issuance: If the consular officer is satisfied with the application, the K-1 Visa is issued, allowing the fiancé to travel to the U.S.
- Marriage and Adjustment of Status: After entering the U.S., the couple must marry within 90 days. The foreign spouse can then apply for Adjustment of Status (AOS) to become a lawful permanent resident.
Requirements and Documentation
To obtain a Fiancé Visa, both the U.S. citizen petitioner and the foreign fiancé must meet specific requirements and provide essential documentation. The petitioner must demonstrate U.S. citizenship and prove the authenticity of the relationship, including evidence of meeting in person within the last two years. Necessary documentation includes Form I-129F, proof of citizenship, passport-style photos, and evidence of a bona fide relationship, such as photos together, correspondence, and travel records. The foreign fiancé must also provide a valid passport, police clearance, and undergo a medical examination before the visa interview.
What Is the Two-Year Rule for a K-1 Visa?
The two-year rule for a K-1 Visa mandates that the U.S. citizen petitioner and their foreign fiancé must have met in person at least once within the two years before filing the petition. This meeting must be documented with evidence, such as photos, travel itineraries, and correspondence, to prove the authenticity of the relationship. Exceptions to this rule are rare and require substantial justification, typically involving extreme hardship or cultural practices that prevent in-person meetings. Ensuring compliance with this rule is crucial for a successful K-1 Visa application.
What to Expect After Approval
After the K-1 Visa is approved, the foreign fiancé can enter the United States. The couple must marry within 90 days of arrival. Following the marriage, the foreign spouse can apply for Adjustment of Status (AOS) to become a lawful permanent resident. This process includes submitting Form I-485, attending a biometrics appointment, and possibly attending an interview. During this period, it’s necessary to maintain proper documentation and meet all requirements to avoid delays. Once the AOS is approved, the foreign spouse receives a green card, granting permanent residency in the U.S.
Rahimi Law Firm Can Help with Your K-1 Visa
At the Rahimi Law Firm, we provide comprehensive support throughout the K-1 Visa application process, ensuring all requirements are met and documentation is complete. Our experienced team is dedicated to making this process as smooth as possible for you and your fiancé. Contact us today to schedule a consultation and start your journey toward uniting with your loved one.