If you are a non-citizen of the United States engaged to a citizen, it may not be as easy as packing up your things, moving in with them, and starting your lives together straightaway. That is, there is a certain sequence of steps to be considered legally married and subsequently legally reside with your partner in the United States. This is more formally known as the K-1 visa, fiancé non-immigrant visa process. Follow along to find out the steps involved in the K-1 visa process and how a proficient fiancé visa lawyer in Milwaukee, Wisconsin, at Sesini Law Group, S.C., can guide you through each one.
What Is a K-1 Fiancé (e) Visa?
A K-1 visa is a non-immigrant visa intended for use by a foreign fiancé (e) of a United States citizen. The purpose of this visa is for the foreign fiancé to enter the United States so they can get married.
It’s important to understand that:
- This is only available for couples in which one partner is a United States citizen
- The couple must marry within 90 days of the foreign fiancé(e)’s entry into the country
- This visa is only valid for one entry
- Once married, the foreign fiancé(e) must apply for permanent residency
Who Is Eligible for a K-1 Visa?
It’s important to understand that, in order to be eligible for this type of visa, both partners must meet specific requirements.
Eligibility Requirements
As such, the United States Bureau of Citizenship and Immigration Services (USCIS) enforces the following strict qualification criteria:
- The foreign fiancé (e) must live outside of the U.S. at the time of filing
- The U.S. petitioner must be a citizen (not a green card holder)
- The couple must have met in person at least once within the two years before filing
- Both parties must be legally free to marry
- The relationship is bona fide and not based on immigration purposes
What Are The Steps Involved In The K-1 Visa Process?
The ultimate goal of the K-1 visa process is to travel to the United States to marry your citizen fiancé within 90 days of arrival. However, there are several steps you must complete before reaching this point of opportunity. This may start with proving that you both meet the qualification criteria above. The rest reads as follows:
Step 1. File Form I-129F(Petition for Alien Fiancé)
Generally, the first step in the process of seeking a K-1 visa is for the U.S. citizen spouse to file Form I-129F, Petition for Alien Fiancé. This establishes the legitimacy of the relationship through evidence like photos, texts, and travel records.
Step 2. Case Transfer to the National Visa Center
If Form I-129 is approved by USCIS, it will be transferred to the National Visa Center (NVC), where it will then be assigned to a U.S. embassy or consulate overseas.
Step 3. Filing Form DS-160
Once the visa is transferred to the NVC and reaches the appropriate consulate, the foreign fiancé will complete Form DS-160, the Online Non-Immigrant Visa Application.
Step 4. Prepare for the Interview
It’s important to begin gathering important documents and reviewing your information prior to your visa interview. This can help ensure that your answers match the information you provided to avoid potentially jeopardizing your case.
Step 5. Medical Examination
Prior to your interview, you must undergo a medical examination with an approved medical provider. This ensures you are in good health and have received all required vaccinations.
Step 6. Consular Interview
Once you have completed the necessary medical examination, you can attend the interview at your local U.S. consulate or embassy. The primary focus of this interview is to ensure that your marriage is legitimate. As such, you can expect to answer questions about your relationship with your partner, wedding details, and even their family members.
Step 7. Entry to the United States and Marriage
If you are issued a visa, you must enter the United States before the document expires. Once in the country, you must get married within 90 days of entry; otherwise, your lawful status in the country will expire, and you must redo the entire process.
How Long Does the K-1 Visa Process Take?
Unfortunately, you’ll find that processing times to obtain this type of visa can vary based on a number of circumstances, like processing time and interview availability. However, in general, most applicants find that this process takes between 12 and 18 months to complete.
What Happens After Marriage on a K-1 Visa?
When you are issued a K-1 visa, you may feel as though a significant weight has lifted from your shoulders. However, it’s important to understand what you must do after you and your spouse marry. These steps include:
- Filing Form I-485 (Adjustment of status)
- Filing Form I-864 (Affidavit of Support)
- Applying for work authorization
- Applying for travel permission
- Attending a green card interview
You should note that, in general, when you obtain a green card through marriage, it is technically a conditional green card. As such, you’ll need to apply, with your spouse, to have the conditions removed after two years. Once these conditions are removed, you will receive a standard, ten-year green card.
Contact Our Milwaukee Immigration Law Firm Today
If you and your spouse are ready to tie the knot in Milwaukee or the surrounding metropolitan area, but you are worried about the immigration process, working with the team at Sesni Law Group, P.C. is in your best interest. We understand how complex this process can be to navigate, which is why we will do everything in our power to help guide you through these matters. Connect with us today to learn more.