Frequently Asked Questions:
What if my fiance uses a different kind of visa, or enters as a visitor and we decide to marry?
You or your fiance may face serious consequences if he/she enters the US under another type of visa, but with the intention to marry and reside in the United States. Attempt to secure a visa or enter the US by presenting one fact, but indending other may be construed as an immigration fraud, for which there are severe penalties. The penalties may be as follows: restriction to receive immigration benefits, such as permanent residence, and potential fine in the amount of up to $10,000 or even imprisonment for the period of up to 5 years.
What type of intent to marry is required for a K1 Visa?
The fiance visa requires a bonafide intent to marry that must exist at the time of the initial filing and at the time of interview. The fiancee visa is a temporary visa that permits your fiance to enter the United States for the purposes of your marriage. You must marry within 90 days of your fiancee’s entry. The K1 Visa is not designed for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.
What happens if we do not marry within 90 days?
Fiance visa status automatically expires after 90 days. It cannot be extended. Your fiancee should leave the United States at the end of the 90 days if you do not marry. If your fiancee does not depart, he or she would violate U.S. immigration law. This could affect future eligibility for U.S. immigration benefits.
We want to make plans for our wedding. How long will the fiance visa process take?
Each case is different. Average timeline for the whole process is 5-6 months, however, it may depend on USCIS efficiency and workload of the US Embassy that adjudicates your case. USCIS processes fiancee petitions in the order received. Once USCIS approves the Petition, your application is then forwarded to the National Visa Center (NVC) for a mandatory background check. The NVC will then send the petition to the U.S. Embassy, which requires additional time for Embassy processing. Click to read more about timelines: K1 Visa timeline
Can I do this process on my own?
While it is possible to obtain a fiancee visa without assistance, it can prove to be very difficult. You have to rely on information on the internet, which may be outdated as immigration laws and procedure are constantly changing. Using our law firm will expedite the process. We know current regulations and we are true experts in the K1 Visa process. Mistakes can prolong the process and may result in your application being rejected.
Why retain a fiance visa attorney?
Alternative K1 Visa services do not offer the same advantages that a law firm does. Other preparation services may be somewhat knowledgeable about completing the required paperwork, but as a law firm, we can offer sound legal advice and officially represent your case during all phases of the process. Attorneys must follow the regulations of the state bar association and must adhere to the proper procedures at all times. Therefore, the K1 Visa services may be engaging in the unauthorized practice of the law. Lastly, other services are not always cheaper and some even charge higher fees than a law firm – luring the client in with a low initial fee and thereafter incurring a whole set of additional charges. You could pay the same amount to a consulting service without access to legal advice and without any attorney representation in the K1 Fiancee visa process.
Can a K-1 visa be extended if I feel I’m not ready to get married?
The K1 Visa cannot be extended beyond the 90 day period. The visa is good for one entry into the United States within six months of its issuance. The visa is issued only when both parties are fully aware that they must marry within 90 days of the fiance’s arrival in the United States. The fiance visa will only be granted to an individual who takes an oath that he/she has true intent to marry the U.S. citizen. Though you are not required to wed, the fiance will be sent back to his/her country abroad if the wedding does not occur within the allocated time.
Do we have to file follow up paperwork after we are married?
While the K1 Visa is temporary, the spouse can file for permanent residency and adjust his/her status to permanent resident. First, the applicant is granted permanent status for about two years but only on a conditional basis. At the end of the two year period, the individual can apply for the conditional status to be removed in order to become a lawful permanent resident.
Can we get married abroad?
When filing for a K1 Visa, you must marry within the United States. If the marriage occurs overseas, you instead have to proceed with a spousal visa process to bring your spouse to permanently live in the United States which entails a different process.
How long will it take to obtain a K1 Visa?
The fiance visa process can vary in length according to each specific case. The length can differ due to the time it takes USCIS and the foreign consular to process the application. In addition, errors made by the petitioner or the fiance can also postpone the process substantially. It is important to properly file by making sure everything is correctly filled out and all the necessary documents are submitted. Our firm will expedite the process so that your fiance can come to reside in the United States in a speedy fashion.
Can my fiancee’s children come to the United States?
Yes, your fiance’s children (unmarried and under 21 years old) are eligible to come to the U.S. under a K-2 visa. If approved, they may either accompany the fiance or come within one year of the visa issuance. You must include of all your fiance’s children as dependents in the application.
How can I check the status of my case?
You are able to check the status of your fiance visa petition with the USCIS office that we have filed your application with. With your assigned number, known as a receipt number, you can check the status of your case using the USCIS website. The website posts the cases that they are currently processing which are worked on according to the date that the petition was filed. Additionally, you can also call your service center, visit your local USCIS office, or write to them requesting the information that you need.
Can anyone obtain a K1 Visa?
While U.S. citizens are able to petition for a K1 Visa for their fiance abroad, lawful permanent residents are not. In addition, there are exceptions regarding U.S. citizens filing for a petition. Such exceptions include applicants who have committed serious crimes, those likely to be a financial burden, illegal immigrants, those with serious mental illness that may be dangerous, and drug addicts.
What if I am already married?
Our firm can represent your case in the Marriage Visa process.