Fiancé Visas (K-1) Immigration Lawyer Philadelphia

A K-1 visa classification is a viable option for foreign nationals who reside abroad but plan to marry U.S. citizens and are not yet legally married. The foreign national can use a K-1 fiancé visa to enter the U.S. and marry their U.S. citizen fiancé within 90 days of arriving in the United States. After the couple are married, the foreign national may apply for a green card through the adjustment of status process. 

Requirements:

In order to sponsor a foreign national for a K-1 fiancé visa, the U.S. citizen petitioner must generally demonstrate the following:

1. The petitioner is a U.S. citizen;
2. The petitioner and beneficiary intend to marry one another within 90 days of the foreign national’s entry into the United States;
3. The petitioner and beneficiary are free to marry one another (i.e., are not already married); and
4. The petitioner and beneficiary have met each other in person at least once within the two-year period before the petition is filed. 

• Typical forms of proof for this requirement include photographs of the couple together, flight itineraries, hotel reservations, passport stamps, affidavits from friends/family, etc.

Applying for the K-1 Visa:

The K-1 fiancé visa and green card application process can be viewed as having three main steps:

1. Filing the I-129F Fiancé Petition:

• The U.S. citizen petitioner must file a Form I-129F with U.S. Citizenship and Immigration Services (USCIS) at one of its service centers in the United States.
• USCIS typically approves I-129F petitions within 5-7 months.

2. Applying for the K-1 Fiancé Visa:

• Once the I-129F petition is approved, the foreign national fiancé must apply for their K-1 visa.
• The foreign national must submit and online visa application and schedule a visa interview at the U.S. Embassy or Consulate in their home country.
• Typical wait times for this step are between 1-3 months. 

3. Apply for Adjustment of Status (Green Card):

• Once the foreign national fiancé has their K-1 visa in hand they may enter the United States—upon entering the U.S., the couple must get legally married within 90 days.
• After the couple receives their marriage certificate, they may submit the Adjustment of Status application package to the USCIS service center. 
• The couple will have to attend an interview at their local USCIS field office—during this interview, a USCIS officer will verify that the couple has a real and legitimate marriage.
• Typical processing times for the green card process are 6-12 months, depending on your local USCIS office. 

Philadelphia Fiancé Visas (K-1) Immigration Lawyer

Additional Information:

It should be noted that children of the foreign nationals who are under the age of 21 and unmarried may also receive derivative K-2 visas. Once the K-1 visa is issued, the foreign national must typically enter the U.S. within 6 months. If for some reason the couple are not married within 90 days of the foreign national’s entry into the United States, he or she must depart the country or face being placed in removal proceedings. 

If you are ready to begin the process for yourself and your fiancé, contact a Philadelphia Immigration Lawyer at The Law Offices of Greg Prosmushkin, P.C. online, or call for a free consultation at 215-673-7733.

This content was written on behalf of Greg Prosmushkin.