K-1 Fiancè(e) Visa

Fiancé K1 visa Lawyer in Chicago

A K1 visa or K1 fiancé visa is an immigrant visa that ultimately leads to permanent residency.  It allows fiancé(e) of U.S. citizens to enter the United States for the purpose of marriage within 90 days of entry   A K1 fiance visa must be initiated or petitioned by a U.S. Citizen fiancé(e) and upon approval of the K1 visa, the foreign fiancé can enter the U.S. to get married with his/her American fiancé.  A K1 fiance visa is a great immigration option for U.S. citizens who wish to marry their overseas’ fiancé in the United States.

Who is eligible for a K1 Visa?

A K1 fiance visa must be sponsored and petitioned by a U.S. citizen. If a U.S. citizen is engaged to a foreign national fiancee, he/she can file a K1 visa to petition the fiance(e) to enter the U.S. In short, the following individuals are eligible to apply for a K1 fiance visa:

• Foreign national who is engaged to a U.S. citizen and wants to get married in the United States.
• Foreign national who resides overseas and plans to permanently live in the U.S. after marriage with his/her U.S. citizen fiancé(e).

What are the requirements for a K1 fiancé visa?

1. K1 petitioner must be a U.S. citizen.
2. Both the foreign national fiancé(e) (the K1 beneficiary) and petitioner must be free to marry whereby all prior marriages have been terminated through death, divorce, or annulment.
3. Both K1 petitioner and beneficiary must have met in person within the last two years, unless meeting would create an extreme hardship or other exceptions apply.
4. K1 visa fiancé(e) seeks to enter the U.S. solely to marry his/her fiance.
5. Marriage must be taken place within 90 days after entry to the U.S. on the K1 visa.

What is the process of K1 visa?

To apply for a K-1 fiance visa, it involves the following steps:

1. The U.S. citizen fiance must petition a K1 visa in the U.S. on behalf of the foreign national fiance.
2. The initial filing packet will be adjudicated by the United States Citizenship and Immigration Services (USCIS) in the U.S.
3. Once the initial filing is approved, the K1 fiance visa petition will be forwarded to the National Visa Center and the overseas consulate post where the foreign fiancé(e) resides.
4. A K1 fiance visa interview will be taken place during this stage of the process. The general purpose of the K1 interview is to ascertain that the fiance relationship is genuine, and the overseas fiancé is admissible.
5. Once the K1 visa is approved, the K1 visa holder has generally six months to enter the U.S. before expiration of the visa.
6. Upon entering the U.S. on the K1 fiance(e) visa, the foreign national fiance must marry the U.S. citizen fiance within 90 days.

K1 Adjustment of Status

Getting married with a U.S. citizen does not automatically grant you the legal status to permanently live in the U.S. Upon marriage with your U.S. citizen fiance, you will be eligible to file for a conditional residence status (marriage based green card) by adjusting your status. Adjustment of status is a separate application as it leads to conditional residency.

Learn more about Post Marriage Adjustment of Status

Hire an experienced K1 visa lawyer in Chicago

Due to the complexity of K-1 fiance visa and adjustment of status and the potential issues affecting your eligibility such as past immigration, marriage, or personal history, we strongly advise you to hire an experienced immigration lawyer to guide and represent you through this important process.  At Cipolla Law Group, we have over 30 years of collective experience helping married couples to navigate the complex K1 fiance visa process.  We are conveniently located at downtown Chicago and Lincoln Park.  Please contact us for a K-1 consultation.

You might be interested in:

• Should We Apply for a Marriage Visa (K3), Immigrant Visa, Fiance Visa (K1), or Marriage Green Card & Adjustment of Status?
• Is a K1 fiancée visa the same as a green card?