With the world becoming a more global place, it is not uncommon for people to find love overseas. If you make the decision to marry someone who lives outside of the U.S., it is likely that you want to start your new life as soon as possible. But can your future spouse come to America before you are actually married? United States citizens with a fiancé overseas have the option of bringing their loved one to America with a K1 visa.
If you want to unite with your loved one and get a visa for your fiance as soon as possible, then a K1 visa attorney in Orlando, Florida can help you develop a strategy to ensure your success. As with all things involving immigration, the exact amount of time it takes to process your loved one’s K1 visa will vary depending on the state you live in and the country your partner is coming from. While this aspect of the process is out of your hands, your Orlando K1 visa attorney can help ensure that all the proper paperwork is filled out and can walk you through the domestic and consular processes necessary to attain the visa you need. To get started, reach out to Colombo & Hurd today to discuss how you can apply for a K1 visa in Orlando, Florida.
What is a K1 Visa?
A K1 visa is a nonimmigrant visa designed to allow the fiance of a United States citizen to travel to the US and marry their partner within three months (90 days) of their arrival. Once your foreign fiancé enters the United States and you have your marriage ceremony, he or she can then choose to apply for a green card to adjust their status.
It is important to note that this type of visa for a fiance does come with some requirements in order to be granted. Your Orlando K1 visa attorney will be able to walk you through the process to ensure everything goes off without a hitch. Any delay in getting your paperwork completed or any mistake made on the application form could be the difference between you being able to welcome your loved one to their new life in the United States and you having to start over again. Your Orlando, FL K1 visa attorney will guide you in the right direction from start to finish to make sure that this doesn’t happen to you. Beyond filling out documentation, your K1 visa lawyer will be your advocate throughout the case, analyzing everything to ensure your needs are met.
Requirements to Obtain the K-1 Visa
There are certain requirements that must be met in order to obtain the K-1 visa. Those requirements include the following:
- The person petitioning for the visa must be a United States citizen
- You and your foreign fiancé must be free to legally get married; you must be either single or legally divorced
- You and your fiancé must have first met within the past two years
- You and your fiancé must both have the intention of getting married within 90 days of your fiancé’s arrival in the United States
- You must meet the minimum income and financial requirements to qualify for the K-1 visa
- Your fiancé must not meet any criteria that makes him or her inadmissible to the United States
If your foreign fiancé has children, there are also K-2 visas available. The K-2 visa is for children of a foreign fiancé who are younger than the age of 21 and who are not married.
If you live in or around the Orlando, Florida area and need to obtain a K-1 marriage or fiancé visa, get in touch with our experienced attorneys who specialize in that area. It’s absolutely essential to have a skilled immigration lawyer on your side to help with your K-1 visa petition. Your attorney is a valuable tool as making a single mistake or having one omission on your petition can result in a delay or even denial of your foreign spouse or fiancé’s visa. Here at Colombo and Hurd, we will assist you through the entire application process from beginning to end, guide you through the supporting documentation needed and review your petition. We will also answer any and all questions you ask. Our attorneys understand that there are many great benefits of US citizenship and will work tirelessly to ensure that you are able to obtain the visa so that your fiancé can stay with you.
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How Much Does the K1 Visa Process Cost?
You should know that there is a fee associated with bringing your loved one to the United States, and we’re not talking about just travel costs and expenses. As of early 2018, the total filing fee for the USCIS K1 visa comes to $535 for those filling out form I-129F and there are also additional fees for getting the visa from the consulate. This is definitely something to discuss with your partner when deciding whether to get married in the United States and start the nonimmigrant visa process.
Beyond that, there may also be fees for certain documentation that is needed to fill out your K1 visa application thoroughly and accurately. The information you will need to apply for your fiance visa include the following:
A completed nonimmigrant visa application from the foreign partner
A passport valid for travel to the United States (the passport date must also be valid for at least six months beyond your intended period of stay)
Divorce or death certificate(s) of any previous spouse(s) (this is from both the foreign partner and the United States citizen)
Police certificates from the fiance’s present country of residence and all countries where they lived six months or more since age 16
Medical examination (vaccinations are optional)
There may be even more documentation and information you will need to provide in order for your K1 visa application to be complete. That is why it is best to discuss your case with an experienced K1 visa attorney in Orlando, Florida. They can make sure you have everything you need to move forward with your case and let you know what supplementary materials you may need that could raise the overall cost of applying for a fiance visa.
How Can I Start the K1 Visa Application Process?
If you are looking to obtain a visa for your fiance so that they can move to the United States for your wedding, then your first step is to fill out the I-129F form. This is also known as the “Petition for Alien Fiance” form and it basically functions to get the US government to acknowledge your relationship with your fiance.
Not only will you need to make sure that you have the most recent version, but you will also have to ensure everything is filled out completely and honestly, or else this petition will be rejected. As stated previously, it can take quite some time for your petition to be approved depending on where you live in the US and where your fiance lives outside of the US. This means that you will want to be especially vigilant to make sure that a rejection does not cause a set back for you and your loved one. Your application will be outright rejected if it is missing any of the following pertinent information:
Part 1. Information About You
Classification Sought for Your Beneficiary
Your Mailing Address
Date of Birth
Part 2. Information About Your Beneficiary
Classification Sought for Beneficiary
Date of Birth
As K1 visa lawyers in Orlando, we are very familiar with the K1 visa process and we know the common pitfalls or mistakes that are often made when trying to make the transition to the United States. With this insight, we can help you avoid these issues so that the process goes as smoothly as possible for you.
Since the purpose of your petition is to show that you have a relationship with your fiance, you may be asked to provide supplementary proof in addition to your petition. Speak with your lawyer about what type of evidence is appropriate to send to immigration services in this case.
Once you have filled out the petition for your fiance visa, that is not the end of the process. Should you be approved, the form is then sent to the DOS National Visa Center (NVC) who will forward the form on to the appropriate U.S. Embassy or consulate where your fiance currently lives. Then, your fiance will have to apply for their K1 nonimmigrant visa.
A visa interview will be scheduled with your fiance and they will need to bring all of the recommended documents with them to the interview. If they are accepted at this point, then their K1 nonimmigrant visa is valid for up to six months for a single entry.
It is important to note that a K1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry has the power to decide whether or not your fiance will be admitted.
If all goes well, your fiance can enter the United States and you then have three months (or 90 days) to officially get married.
How Long Will it Take to Process My K1 Visa?
The processing time for K1 visas is inconsistent. Various factors can affect when your application is processed, including the service center that is handling your I-129F. There are two steps to having your K1 visa processed and either accepted or rejected. There is domestic processing that happens through the United States Citizenship and Immigration Services (USCIS) and then the consular processing from the country where your foreign fiance currently lives. Each country has their own processing time that is a little different, so it is important to speak with your fiance visa lawyer for a better understanding on what wait times you may be looking at. There is also an official government website where you can check the case processing times for specific forms.
Even with the varied processing times for the K1 visa, it is important to note that it is still much faster then filling out the IR1 or CR1 marriage visa. Going that route could potentially add an additional three to five months to your case. That’s precious time you may not want to lose if you would like to marry your fiance as soon as possible and start your new life together.
Hire a Skilled K1 Visa Attorney in Orlando, Florida for Your Case
The United States immigration process can be complex to navigate on your own. And when it comes to starting an new life with the one you love in America, you don’t want something as simple as misfiled paperwork to cause any delay. With a K1 visa attorney in Orlando, Florida on your side, you won’t have to hold off your dreams of marital bliss for much longer.
Using years of experience, we’ve helped a number of couples reconvene in the United States by making the K1 visa filing process as streamlined and simple as possible for them. When it comes to collecting the right paperwork and foreseeing any road bumps along the way, having the legal guidance of an experienced lawyer is invaluable for you and your loved ones. To get started today, reach out to us for a consultation.