As the weather warms up, springtime is often welcomed with budding flowers and love in the air. Also, as borders begin to reopen, and travel increases many couples are eager to be reunited and begin their journey together in the United States. These couples might want to consider filing for the K visa, or Fiancé(e) visa, which allows US citizens to bring their fiancé(e) to the US. Continue reading for an overview of the requirements and process.
Eligibility
In order to file for your fiancé(e) you must be a US citizen and both parties must be free to marry, meaning any previous marriages must be legally terminated by divorce, annulment, or death. Next, you and your intended spouse must have met in person at least once within the 2-year period before your filing. This requirement can be waived if you can show that meeting in person would result in extreme hardship to the US citizen petitioner or that it is against your fiancé(e)’s custom or tradition to do so. The final requirement is that you and your fiancée must marry one another within 90 days of entry in the US. After the wedding, your spouse can obtain their green card by applying for an Adjustment of Status.
Process
Filing for your fiancé(e) is a two-step process that begins by filing Form I-129F, supporting documentation, and filing fees ($535) with the US Citizenship and Immigration Service (USCIS). After the application is reviewed and approved it is forwarded to the Department of State’s National Visa Center (NVC) for further processing and is ultimately sent to the US foreign Embassy or Consulate so an interview can be scheduled. If the K-1 visa is granted, then your fiancé(e) will have 6 months to enter the US. After entry into the US, you and your fiancé(e)must be legally married within 90 days. This is a crucial step and is imperative for your fiancée to obtain legal status in the US. If you get married after the 90-day period, then you must file Form I-130 in addition to Form I-485 which involves additional filing fees and time.
Other Considerations
Please note that the K-1 status is strictly for unmarried individuals intending to get married in the US. If you and your fiancé(e) decide to get married before you enter the US, then you should file the Form I-130 Relative Petition as a spouse. In addition, you may file form I-129F in K-3 status to bring your spouse to the US while the I-130 application is pending. If your fiancé(e) has unmarried children under the age of 21 they may also enter the US as a derivative in K-2 status. Please be sure to list the children on Form I-129F if you wish to bring them to the US.
If you or someone you know is interested in filing for their fiancé(e) or spouse, please contact us to discuss your specific situation.