U.S. Immigration Lawyer Serving Clients in San Francisco and Nationally
If you are a U.S. citizen considering getting married to a non-U.S. resident, Ranchod Law Group in San Francisco, California, can help you with your K-1 fiancée visa application. We have successfully handled hundreds of fiancée and marriage-based and family-based immigration applications. If you are concerned about getting a K-1 fiancée visa for your intended fiancée, contact us today.
Learn more about K-1 visas at these pages on:
- K-1 Fiancée Visas Client Services
- K-3 Marriage Based Client Services Client Services
- Marriage Based Green Cards
- Immediate Relative Green Cards (Parents)
- Preserving Green Card and Family-Based Green Card Overview
Some things you should know about filing for a K-1 fiancée visa
Applying for a K-1 fiancée visa can be more complex than it seems. Here are some basic things you should discuss with your immigration attorney.
In order to file a successful application for a fiancée visa, a U.S. citizen must first file form I-129F Petition for Relative or Fiancée. To avoid delays, the form must be completed accurately and filed with the United States Citizenship and Immigration Services (USCIS). The USCIS office in which you file depends upon the jurisdiction in which you currently reside. Processing times and procedures for a K-1 fiancée visa vary depending on the Service Center and U.S. Embassy.
Upon approval of the I-129F, the application for the K-1 fiancée visa will be forwarded to the American consular office nearest the city of your fiancée’s current residence. The petition is valid for only four months; however, the consular office may revalidate the application upon request.
An I-129F petition is not automatic
A properly filed application is of the utmost importance. If the application is not filled out correctly, or supporting documentation is improper or incomplete, your application could be delayed or denied. Additionally, if your fiancée has been convicted of a serious crime, has a dangerous mental disorder, or a dangerous communicable disease, the visa will be denied. If your fiancée was convicted of a crime such as prostitution or minor drug distribution, he or she may be ineligible for entry and eventual citizenship. If your fiancée was on a J-1 visa in the United State within the past two years, he or she may also be declared ineligible until the mandatory waiting period for return to the U.S. is completed.
After the I-129F application is approved, your fiancée will be notified by the American consular office and sent the appropriate K-1 fiancée visa application forms to be completed and submitted. Your fiancée will be required to meet strict requirements regarding documents and records. The documents and records that your fiancée will be required to supply include:
- Birth certificate from the home country
- A current passport
- Death certificate of previous spouse, if applicable
- Divorce certificate, if applicable
- Official record of all legal residences since 16 years of age
- Doctor’s certificate of health
- Evidence supporting your fiancée’s intent to enter into marriage
In addition, your fiancée will be required to supply evidence that you intend to enter into a legal marriage in the United States within three months (ninety days) of receiving the K-1 visa. You will need to establish that your relationship is bona fide, and show proof that the two of you have met previously in person during the past two years. Finally, the U.S. consular office interviews your fiancée about these matters, prior to approving the application for final processing.
To learn more about K-1 fiancée visas and how The Ranchod Law Group can help you with your legal needs, contact us.