New Jersey K-1 Fiancé & Fianceé Visa Lawyer
How Do I Bring my Fiancé to the U.S. to Get Married?
If you are a U.S. citizen and are engaged to be married to someone who resides outside of the U.S., you may apply for a fiancé or fiancée visa. The fiancé(e) visa will allow the fiancé or fiancée to enter the U.S. for 90 days. During that time, the marriage must occur and the U.S. citizen spouse must file a petition with USCIS to obtain conditional permanent residency (green card) which will allow the spouse to legally reside in the U.S. on a conditional basis. Fiancé(e) visas are also available for same-sex relationships and special handling is available if the fiancé or fianceé will experience danger while processing abroad.
How to Apply for a K-1 Visa
To begin the process, the US citizen spouse will file the Form I-129F, Petition for Alien Fiancé(e), with USCIS. Upon approval, the visa petition is sent to the National Visa Center (NVC). They will provide you a case number and send the petition to the US Embassy or Consulate where your fiancé(e) lives.
You can visit the USCIS website for the status of your petition. The length of time for processing varies on a case-by-case basis.
Apply for the Visa
The NVC will notify you (the sponsor) via mail when your case is sent to the Embassy or Consulate. You are responsible for notifying your fiancé(e) of what steps to take to apply for the K-1 visa and prepare for the interview. The consulate in the country that the fiancé(e) is residing in will contact the fiancé/fiancée to obtain additional forms, schedule a medical examination and schedule an interview.
Once the visa is issued, the fiancé/fiancée must enter the U.S within four months and the marriage must occur within 90 days of entry.
For guidance during the application process, call The Law Offices of Lloyd E. Bennett, Esq., P.C. for help! Our skilled New Jersey fiancee visa attorney is ready to help! Call (800) 909-8129. Se habla Español.
What are the Requirements for Fiancé & Fiancée Visas?
- Must have met in person within two years of filing the petition
- The spouses must have a bona fide intention to marry
- Must be able and willing to conclude a valid marriage within 90 days of arrival
A waiver may be available to assist individuals in circumstances where extreme hardship or cultural/social practice prevents certain criteria from being met. However, if the parties do not marry within 90 days as required, the fiancé or fiancée and any dependents that traveled with them will be required to depart the U.S. or may be subject to removal.
What Documents Are Needed for the K-1 Visa?
- Form DS-160, Online Nonimmigrant Visa Application
- Proof that you have met in person within the last two years: photos, emails, cards, etc.
- Original birth certificate translated into English
- Current passport and two passport-style photos for identification
- Police certificates from countries the alien has lived in for more than 6 months since his/her 16th birthday
- Medical examination (to be scheduled before the consulate interview)
- Divorce certificates of your previous spouse(s) if you have been married before, translated into English
- Proof of intent to marry
- Evidence of financial support, or Form I-134, Affidavit of Support
Be aware that the consular officer may request more information from you to prove your relationship with your US citizen fiancé(e).
Additional Information Required for Applications
One of the principal reasons that couples encounter issues with the visa application is that they are not prepared with all the documentation and information required by the government. Failing to have the required documents will cause processing delays or denials.
Once the parties marry, an additional application must be submitted to the USCIS with proof of the marriage. USCIS may schedule a stateside interview to verify the information presented. If approved the spouse will receive a conditional green card. The green card is valid for two (2) years and must be renewed at least ninety (90) days before the expiration date. Failure to renew will cause the spouse to be placed into Removal Proceedings.
What Documents Do I Need to Renew My Green Card?
- Proof of commingled finances such as bank accounts and credit cards
- Proof of that the parties are residing together
- Photos of life together
- Proof of Insurance together
- Joint tax returns
- Birth certificates of children born of the marriage
What Happens If We Separate or Divorce?
If a divorce occurs before the conditional green card is renewed, it is still possible for the foreign spouse to file to remove the conditions and obtain a permanent green card. However, an application cannot be submitted until the divorce is final, even if it is submitted late. The application must be submitted with the divorce certificate, along with proof that the marriage was one entered in good faith and not for the purpose of obtaining an immigration benefit.
Do I Need a Lawyer for Fiancé & Fiancée Visa Issues?
If you want legal advice and assistance concerning your fiancé/fiancée visa application call our The Law Offices of Lloyd E. Bennett to speak with an experienced New Jersey fiancee visa lawyer today. Schedule an initial consultation to see what our firm can do for you. During this time, we will review your immigration history and decide whether you qualify. Additionally, we will look at your complete immigration history along with the immigration status of your family to determine if there is another path available. Only a competent fiancee visa lawyer can give you legal advice.
Practicing since 1987, our firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped thousands of immigrants achieve their goals and resolve their issues. We provide you with the insight and legal advocacy you need. Let's immediately begin working on your case to achieve those goals. In addition, we will keep you informed and educated about the process every step of the way. Contact us today to discuss your case.
Do not leave your loved one's future to chance. Schedule an initial case consultation with our experienced and dedicated New Jersey fiancee visa attorney today!
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Q:I live in the US and I am marrying a US citizen. How can I get a green card and become a permanent resident?
A:Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.
Q:I am a fiancé(e) of a US citizen and I am living outside the US. How can I enter the US to marry?
A:Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.
Q:I live outside the US and I married a US citizen. How can I come to the US to live?
A:To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.