Understanding the K-1 Fiancé(e) Visa Process

February 16, 2024

Your Guide to Bringing Your Loved One to the U.S.

Navigating the complexities of U.S. immigration law can be daunting, especially when it involves bringing a loved one to the country. The K-1 fiancé visa is a pathway designed for foreign citizens engaged with U.S. citizens. Wogwu Law, PLLC, based in San Antonio, TX, specializes in guiding clients through this intricate process.

Understanding Who Qualifies

To apply for a K-1 visa, certain conditions must be met:

  • U.S. Citizenship: The sponsor must be a U.S. citizen.
  • Marriage Plans: The couple should intend to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.
  • Legal Freedom to Marry: Both partners must be legally free to marry.
  • Meeting Requirement: The couple must have met in person at least once within two years before applying, with some exceptions.

Application Process: Steps to Success

The application involves several steps:

  1. Form I-129F: U.S. citizens must file this form with USCIS.
  2. Evidence Submission: Proof of the relationship and in-person meeting is required.
  3. Biometrics and Background Check: The foreign fiancé(e) may need to complete biometrics.
  4. Interview: The fiancé(e) will be invited for a visa interview at a U.S. embassy or consulate.

What to Expect Financially

The primary cost is the $535 filing fee for Form I-129F as of 2023. Additional expenses may include biometrics fees for documents and medical exams.

After Arrival in the U.S.: What’s Next?

Once in the U.S., the couple must marry within 90 days. The marriage must be legally valid in the state where it occurs, and a certified marriage certificate is required for the next steps.

Adjustment of Status (AoS): The Path to a Green Card

After marriage, the foreign spouse applies for AoS using Form I-485. This application includes various documents and a medical examination. A biometrics appointment and possibly an interview will follow. Upon approval, the foreign spouse receives a Green Card.

Children of the Fiancé

Unmarried children under 21 of the fiancé(e) may also be eligible for a K-2 visa.

Contact Us at Wogwu Law for Guidance

If the K-1 visa process seems overwhelming, Wogwu Law, PLLC is here to help. Our team in San Antonio provides experienced and dedicated assistance to ensure your application’s success. Contact us at 210-972-4480 or visit us online for a comprehensive consultation.