Fiancé Immigration Attorney
Our fiancé immigration attorneys at Khalaf & Abuzir will help ensure a smooth and successful journey to America for your future spouse. With a deep understanding of the legal requirements and documentation needed to being your foreign national fiancé to the United States, our legal team provides personalized support, legal advice, and guidance that is tailored to your unique situation. From filing the K-1 visa petition to preparing the necessary forms, gathering documentation, and attending interviews, our team is committed to achieving a favorable outcome.
Our K-1 visa lawyers serve clients in Chicago, Palos Hills, and Dallas, TX, and the Ramallah, Palestinian Territories.
Contact a fiancé immigration lawyer at Khalaf & Abuzir for assistance with your K-1 visa. In Chicago, call (708) 233-1122 or call (972) 561-0343 for our attorneys in Dallas.
Table of Contents
What Is a Fiancé Visa?
A fiancé visa, also referred to as a K-1 visa, is a temporary visa that is issued by the United States government that allows a foreign fiancé of a U.S. citizen to enter the country for the purpose of getting married. It is designed to provide an opportunity for the engaged couple to unite in the U.S. and proceed with their plans of marriage.
To obtain a fiancé visa for the foreign partner, the U.S. citizen must file a petition with USCIS. Documentation will be required that proves the legitimacy of the romantic relationship and demonstrates the couple’s intention to marry within 90 days of the foreign fiancé’s arrival. Once the K-1 visa is approved and the fiancé enters the United States, he or she can apply for adjustment of status to become a lawful permanent resident.
How Long Does it Take to get a Fiancé Visa?
The processing time for a fiancé visa can vary significantly. Delays can occur due to incomplete documentation, backlogs, mistakes or inconsistencies in the application, or a number of other factors. Fiancé visa processing times depend heavily on the caseloads of USCIS, the National Visa Center, and the U.S. Embassy/Consulate. Most of the time, it takes several months to just over one year to obtain a K-1 visa. The overall timeline typically involves multiple steps and agencies.
First, the U.S. citizen petitioner must file a Form I-129F petition with USCIS. It generally takes around 6 to 9 months for the petition to be approved, but processing times can vary.
Once the petition is approved, it is forwarded to the National Visa Center. NVC processing times range from a few weeks to a few months, depending on their workload and your case-specific circumstances.
After NVC processing, the case is sent to the U.S. Embassy or Consulate in the foreign fiancé’s home country. The processing time at the embassy or consulate usually ranges from a few weeks to a few months.
Finally, your foreign fiancé will be required to attend a visa interview at the U.S. Embassy or Consulate. Your future spouse must also undergo a medical examination conducted by an approved physician.
Processing times are subject to change, so it’s advisable to check the USCIS and U.S. Department of State websites regularly for updated information.
What Is Required to Sponsor Your Fiancé for a K-1 Visa?
Sponsoring your fiancé for a K-1 visa requires careful preparation and adherence to specific requirements.
To be eligible to sponsor your foreign fiancé for a K-1 visa, you must be a U.S. citizen. Lawful permanent residents are not allowed to sponsor a foreign fiancé to come to the United States. You and your fiancé must also be legally free to marry. Any previous marriages must be terminated through divorce, annulment, or death.
Additionally, you will need to demonstrate that a bona fide romantic relationship between you and your fiancé exists. Documentation, like photographs showing the two of you together, communication records, travel records, and evidence of shared financial responsibilities, can help show that your relationship is genuine.
You must also demonstrate that you have the financial ability to support your fiancé once he or she arrives in the United States. You can do this by submitting Form I-134 (Affidavit of Support) and including documentation of your financial condition. Your income must be at least 125% of the U.S. poverty level for your household size to qualify as a sponsor.
Requirements and documentation can vary slightly depending on individual circumstances and changes in immigration policies. At Khalaf & Abuzir, our fiancé visa lawyers will ensure all forms and documentation are submitted in compliance with U.S. immigration policies to increase your chance of success.
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How to Get a Marriage-Based Green Card
Once you and your partner are legally married, your new spouse will be eligible to apply for a marriage-based green card. Getting a marriage-based green card in the United States involves several steps, and requirements.
Your spouse will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a green card. This form includes information about your spouse’s biographic details, background, and eligibility for adjustment of status.
After submitting form I-485, your spouse will be scheduled for a biometrics appointment, where his or her fingerprints, photograph, and signature will be collected.
USCIS will then schedule an interview to evaluate the legitimacy of your marriage. Both spouses must attend this interview and provide supporting documentation to prove the authenticity of the relationship. You will need to bring:
- Your driver’s license or passport
- Form I-797C, Notice of Action
- The adjustment of status application packet
- Original copies of documentation that was submitted with the application
If the application is approved, you will receive a conditional or permanent green card, depending on the length of your marriage at the time of the approval. If you receive a conditional green card, you will need to file a joint petition (Form I-751) to remove the conditions within the 90-day period before the card’s expiration date.
FAQs About Fiancé Visas in the United States
Is Getting a Spouse Visa Faster than Getting a Fiancé Visa?
Generally, getting a fiancé visa takes less time than it takes to obtain a spouse visa. Spouse visas typically require additional steps such as the submission of an immigrant visa petition and consular processing, which may add to the overall processing time. The country from which you are applying may impact processing times.
Are my Fiancé’s Children Covered With a K-1 Visa?
K-1 visas do not automatically provide coverage for a foreign fiancé’s children. However, the children may be eligible for K-2 visas if they are unmarried and under the age of 21. To obtain K-2 visas, you must include the children’s information in the initial petition and follow the necessary application procedures. Once approved, the children can accompany your fiancé to the United States and apply to adjust their status to lawful permanent residents.
What Happens if My Fiancé and I Don’t Marry by the Deadline?
Failure to marry within the given timeframe may result in the violation of immigration laws. If you and your foreign fiancé do not marry within the 90-day deadline specified on the fiancé visa, your fiancé will be required to leave the United States. If you still wish to get married, alternative immigration options such as applying for a new visa or adjusting status within the U.S. may be explored. An immigration attorney at Khalaf & Abuzir can help you understand your legal options based on your specific circumstances.
