The K-1 fiancé(e) visa is a non-immigrant visa for the foreign national fiancé(e) of a U.S. citizen. This visa allows the foreign citizen fiancé(e) to travel to the United States and marry his or her U.S. sponsor within 90 days of arrival.
To apply for a K1 visa, both the sponsor and the fiancé(e) must meet several requirements. These are some of them.
U.S. Sponsor Requirements:
Foreign Fiancé(e) Requirements:
Criteria for the Couple:
Fortunately, many exceptions can help you and your partner. For example, if your fiancé(e) lives in a dangerous country (e.g., there are armed conflicts), you may not be required to meet in person. In addition, same-sex couples may apply for a K-1 visa regardless of whether or not the home country allows same-sex marriage.
The K1 visa application can be complex and can be affected by multiple factors. This is why it is so important to discuss your case with an attorney! Call us today at 407-802-1717.
The average processing time for a K-1 fiancé(e) visa application is six months. However, this time can vary depending on the country where the application is filed. Recent processing disruptions due to the pandemic can also impact this average. Requests for additional evidence or interviews may also impact the processing time.
Once the above requirements are met and the K-1 visa is approved, the foreign fiancé(e) is given six months from the date of approval of the initial I-129F form to enter the United States.
One of the most important reasons why K1 Visa applications are denied is because the relationship may look fraudulent. Relationships might not look real if the proper documents proving the relationship have not been submitted, if the couple have kept their relationship hidden, or the couple has not met in person. Oher factors that may raise suspicion about the legitimacy of the relationship are the practice of different religions, belonging to very different cultures, and not talking the same language.
Other important reasons for a K1 Visa denial are:
The government charges $535 cost to process the K-1 visa, and there be fees for medical exams, vaccinations, translations and nonimmigrant visa processing. Attorney fees may range from $1,500 to $8,500, depending on the attorney’s experience, education, and record of successes. Particular complexities in your case, the specifics of your contract, and what services are included along the processes must be taken into account in reviewing your attorney’s fees. Specific services that may or may not be included in your contract include the petition, consular processing, and adjustment of status once you arrived in the United States.
There are differences you must discuss with an attorney before you apply, such as the place of marriage, processing fees, travel permits, and more.
Generally, while the fiancé visa is a much faster way to bring your partner to the U.S., it is more expensive. On the other hand, the marriage visa may be slower, but is cheaper and the fastest way to gain permanent residency.
Looking for a nonimmigrant visa for that special someone? Contact Symphorien-Saavedra Law at 407-802-1717. Our law firm has extensive knowledge and experience in all aspects of U.S. immigration and nationality law matters. Immigration attorney Frank Symphorien, our founder, is board certified as an expert in Immigration and Nationality Law by the Florida Bar and has helped many Americans to bring their fiancé(e) to the U.S. We are dedicated professionals and first-generation immigrants or direct descendants from Brazil, Argentina, Poland, Venezuela, Cuba, Mexico, and Colombia, and can communicate with you in English, Spanish, Polish, and Portuguese.
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