San Francisco K-1 Visa Attorneys

Guidance on K-1 Fiancé Visa Applications in San Francisco, CA

There are a variety of family-based immigration options that may allow foreign citizens to receive permission to move to the United States and receive Green Cards that give them permanent resident status. In many cases, citizens of the United States or people with valid Green Cards can provide sponsorship for their family members through immigrant visas. However, the K-1 Fiancé visa is another type of visa that may be used in certain situations. While this is a nonimmigrant visa that will allow a foreign fiancé(e) of a U.S. citizen to enter the U.S. temporarily, the person will be eligible for a Green Card after getting married.

K-1 visas can be crucial for couples who wish to start their lives together in the United States. Understanding the intricacies of the K-1 visa process, from submitting an application to obtaining a Green Card, can be challenging. At Hafey & Karim, we can provide legal support during this process, ensuring that a couple meets all of their legal requirements and helping to address any issues that may affect eligibility for a visa or delay the immigration process.

Requirements for a K-1 Fiancé Visa

To receive a K-1 visa, a couple must meet several requirements:

• Intent to become legally married: The U.S. citizen and foreign fiancé(e) must genuinely plan to get married within 90 days after the foreign fiancé(e) arrives in the United States.
• In-person meeting requirement: To verify the legitimacy of the relationship, a couple must show that they have met each other in person. This meeting must have taken place at some point during the two years before the submission of the application for a K-1 visa. There are limited exceptions to this rule, such as severe hardship or if meeting in person would violate strict cultural or religious customs.
• Legal ability to get married: Both parties must be able to be married under the laws of the state where they plan to have their wedding. Both parties must meet the applicable age requirements or any other criteria. If either person had been married in the past, they will need to provide proof that the marriage was legally terminated, either through the death of their spouse, valid divorce papers, or documentation of an annulment.
• Sufficient income: A U.S. citizen who sponsors their fiancé(e) for a K-1 visa must meet specific income requirements. They will be required to submit an Affidavit of Sponsorship, which will serve as a commitment to provide for their partner's needs and ensure that they will not become a public charge.

Steps in the K-1 Visa Process

To obtain a K-1 Fiancé visa, a couple will need to do the following:

1. Filing a petition: The U.S. citizen must file Form I-129F, Petition for Alien Fiancé, with U.S. Citizenship and Immigration Services (USCIS).
2. USCIS review: USCIS will process the petition. Upon approval, the petition will be sent to the National Visa Center (NVC), and it will then be sent to the United States consulate or embassy that will be handling the foreign fiancé(e)'s K-1 visa application.
3. Interview and medical requirements: The foreign fiancé(e) will be interviewed at the U.S. embassy or consulate. The interview will include questions about the relationship to verify its legitimacy. The foreign fiancé(e) must also undergo a medical examination by an authorized physician and ensure that they have received all required vaccinations.
4. Visa issuance: After receiving approval, a K-1 visa will be issued. It will usually be valid for six months. During this time, they will be able to enter the United States at a port of entry. The couple must get married within 90 days of the foreign fiancé(e)'s arrival.
5. Adjustment of status: After becoming legally married, the couple will apply for a Green Card for the foreign spouse. A conditional Green Card will be issued that will be valid for two years.
6. Removal of conditions: Near the end of the Green Card's two-year validity period, the couple must apply to remove the conditions on permanent residence. They will need to demonstrate that their marriage is genuine and that they are still legally married. If the couple's marriage ended through divorce or death during the two-year window, the foreign ex-spouse may be able to apply for a permanent Green Card on their own, and they will need to demonstrate that they originally got married in good faith.

Contact Our Dallas and San Francisco K-1 Fiancé Visa Attorneys

For U.S. citizens who wish to get married to romantic partners living in other countries, Hafey & Karim can help apply for K-1 visas and make sure the applicants meet all of the applicable legal requirements. We can provide assistance for people throughout the United States, helping them address a wide variety of immigration concerns. Our attorneys have the experience and dedication needed to help you and your partner achieve your dream of living together in the United States. Contact our firm to schedule your initial consultation.