Fiancee Visas

Going through the Fiancé(e) Visa Process is arguably one of the most important things you will ever do in your life. There is no room for error, delay, or denial. You and your Fiancé(e) have likely already made many emotional and financial sacrifices to get where you are today. Having an in-depth understanding of the process to obtain the Fiancé(e) Visa, technically termed the K-1 Visa, from the beginning can make the process easier for you and your loved one.

The K-1 Visa is a temporary visa which allows a foreign national who intends to marry a U.S. citizen to enter the Unites States. To begin the process, the U.S. citizen must file a petition with the United States Citizenship and Immigration Services (USCIS) Center, which has jurisdiction over the citizen’s residence, demonstrating that the parties have personally met within the previous two years, are free to marry, and intend to do so within 90 days of the beneficiary’s entry into the United States. Extreme caution must be exercised in preparing documents, as minor mistakes will cause long delays and possibly even denial of the petition.

The application needs to include evidence of United States citizenship and proof of legal termination of all previous marriages. The U.S. citizen files Forms I-129F and G-325A for both themselves and the Fiancé(e) with original signed statements from both showing their intent to marry within 90 days of the beneficiary’s admission into the United States and to maintain a continuing relationship as husband and wife.

USCIS then sends an approved petition to the National Visa Center (NVC) for a record check. NVC forwards the file within 30 days to the consulate in the beneficiary’s country of residence, which in turn informs the beneficiary of the petition approval. Approval is valid for four months and subject to an extension of four additional months under certain circumstances. The consulate sends the beneficiary a number of forms and instructions.

The beneficiary and their children undergo most of the immigrant screening by the consulate’s immigrant visa section, including a medical exam by a consulate-approved clinic.

Once approved, the beneficiary and their children receive the K-1 Fiancé(e) and K-2 (children) visa stamps pasted in their passports, which is valid for a single-entry within six-months. They must enter the country within six months or ask for an extension.

For more information or to obtain counsel for visa applications of any kind, contact Ariel E. Solomon at (518) 218-7100.

 

Tully Rinckey PLLC - Attorneys and Counselors at Law
Albany Office - 441 NEW KARNER ROAD - Albany NY, 12205 - Phone: 518-218-7100 - Fax: 518-218-0496
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