How Can I Acquire a K-1 Visa for My Fiance?

If you are an American resident who wishes to bring your foreign fiancé(e) to the United States, you will need to follow a certain process in order for your marriage to be legally valid. If you are eligible for the K-1 visa, then you and your fiancé will need to marry each other within 90 days of his or her entry into the country. The process of obtaining this type of visa shouldn’t be difficult as long as you and your future spouse understand the legal process.

 

What Are the Eligibility Requirements for a K-1 Visa?

You can be eligible to bring your fiancé(e) to the United States if you meet a certain number of requirements:

  • You are a legal U.S. citizen
  • You intend to get married to one another within 90 days of your fiancé(e)’s admission to the country on a valid K-1 nonimmigrant visa
  • You are both legally free to marry (you can both marry in the U.S. and all past divorces or annulments have been terminated)
  • You both have met in person at least once within the 2-year period before you file your visa petition. You can request a waiver for this if you can prove there are strict customs prohibiting this meeting in your fiancé(e)’s foreign culture and/or it is too difficult for you to make the meetings as a U.S. citizen.

 

Once you know you are eligible, then you can file your K-1 visa petition with the United States Citizenship and Immigration Services, or USCIS. Once it is approved, the USCIS will move it forward to the US Embassy or Consulate. Keep in mind that if you both get married within 90 days of your fiancé(e) being admitted to the U.S. as a K-1 nonimmigrant, then he or she can obtain a green card.

 

There are many documents and forms that will also need to be filled out and submitted along with your petition, such as a Form I-129F and Petition for Alien Fiancé(e). Contact the Law Offices of Sweta Khandelwal so we can assist you with these documents and answer any questions you have about the K-1 visa.

Share This Story, Choose Your Platform!

Leave a Reply

Your email address will not be published.

Recent Posts

Why Do Employers Need a Labor Certification?

Last week’s post discussed the importance of a Green Card, a document that entitles the holder to work and reside legally in the United States. There are several ways of getting a Green Card, including through family relationship or special

LEARN MORE

Why Are Big Companies Supporting Dreamers?

The Trump administration has made another move that will change the way immigration works moving forward. In September, it was announced that the administration would end Deferred Action for Childhood Arrivals, also known as DACA. However, officials haven’t completely shut

LEARN MORE

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

San Jose Office

95 South Market Street, Suite 410, San Jose, CA 95113
Phone: (408) 542-0499

San Francisco Office

404 Bryant Street, San Francisco, CA 94107 Phone: (408) 317-4662

San Jose Office

2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303
Phone: (408) 317-4662

Contact Us