Fiancé (K1) Visas: Filing, Process and Legal Help

There is no more personal immigration petition than that of a spouse or fiancé. Mathis Regazzi & Associates, LLC will take you every step of the way from the initial interview, to filling out and filing your petition, to the arrival of your fiancé or spouse in the United States. One of our founding partners experienced the K-1 visa process with his wife and knows firsthand the stress that can accompany being separated from your partner while you wait for the government's decision. Mathis Regazzi will ensure that your application is completed perfectly so that you can rest assured that you have done everything you can to expedite the arrival of your loved one. There is no reason to wait the extra months it takes to refile a petition because a mistake has been made.

Fiancé (K1) Visas

No matter where in the world your fiancé resides, the K1 Fiancé Visa is the only proper visa for her to use to enter the United States for the purpose of marriage. If he or she enters the United States as a visitor or by way of another type of visa, you can still legally marry him or her. However, they will then be required to depart the United States, obtain a K3 spousal visa at the United States Consulate in their country of residence and reenter the United States on the K3 visa in order to be able to remain in the United States permanently as your spouse.

Fiancé Visa from Developing Countries

Many of our clients have attempted every possible angle to obtain another type of visa for their fiancés. Some have had businessmen or religious leaders write letters in an attempt to obtain a visitor visa. Others have attempted to obtain student visas, J-1 visas, H-1 visas, etc. This activity rarely ever works, and in fact increases the time and effort required to bring their fiancé to the United States.

Attempts to take shortcuts with USCIS are asking for trouble. The handful of women and men who manage to obtain a B-1/B-2 visitor visa to the United States from "an agent" or "travel agent" in their country are typically arrested by USCIS officers at the airport when they entered the United States. These visas are often obtained fraudulently, and the unknowing fiancé is left with two option: Either she is arrested at the airport or investigated for fraud when she applies for a green card. The end result is that she will be deported from the United States and will be barred from reentering the United States for as many as ten years!

For those Already Married

If you have already married your partner outside of the United States, you need to file for a K3 Visa for foreign brides. The paperwork required for a K3 Visa is much more involved than that of a K1 Visa. If you have not yet married your fiancé, we recommend that you apply for a fiancée visa as a more expedient and less costly and time consuming process.

No matter which visa you apply for, whether the K1 or the K3, we will guide you through the process. We serve clients in all 50 states and around the world. You do not need an attorney in your state of residence, as immigration law is a federal practice. Contact our office today and we will help you determine the best way to proceed.

Requirements for K1 Visas

  • Petitioner must be a United States Citizen
  • Lawful permanent residents of the US are not allowed to obtain fiancé visas for their fiancés.
  • Both parties must be free to marry. In other words, neither of you may be married to someone else.
  • You must have seen your fiancé in person within the last two years. If your fiancé lives in a developing country you must travel to her country to meet her.
  • There is a minimum income requirement in order for the US citizen to sponsor the incoming fiancé.

Success Rates of Fiancé Visas

Around 40% of K1 visa petitions do not result in a visa being approved. This is not because they are denied, but because the USCIS finds a technical error or omission in the paperwork. After months of waiting, you will learn of your error via mail. Then you have to file again and wait for months for another response. Once your visa is approved, your fiancé still has to be interviewed at the US Embassy or Consulate. If their answer to any of the questions asked differs from what was written on your petition she your file will be sent back to the USCIS for investigation. This takes a minimum of six months.

This situation often results in the fiancé ending the engagement out of frustration. She may know someone whose fiancé hired an attorney to obtain a visa, and received her visa quickly and efficiently and she wonders why your actions have resulted in such a delay. Contacting us may help you to avoid this problem.

Processing Times

Processing times for visa applications depend on the country in which your fiancée resides and the state in which you live. Each service center operates on its own timeline, and can get behind in their work. When this happens, we will contact you.

When your fiancé receives her K1 visa, she has 6 months to enter the United States. Once she has arrived, you have 90 days to marry her or you must send your fiancée back to her home country. You cannot extend this 90 day limit.

The bottom line is that acquiring any visa to enter the United States is a time consuming process. By using our services you can rest assured you have done everything you can to ensure that it will take as little time is possible because your petition will be filled out properly and you will have expert guidance through the entire process. To find out more about a visa for your fiancée:

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