Fiancé Visas

San Jose Fiancé Visa Attorneys

Get Legal Help to Reunite With Your Partner

Whether you’re a birthright citizen or were naturalized, you can petition to bring your foreign-born fiancé or fiancée to the United States for the wedding. Your fiancé(e) can use a K-1 visa as long as you intend to marry within 90 days of entering the U.S.A. Once you are married, your spouse can apply for lawful permanent residence (green card status) and, eventually, United States citizenship.

To qualify for a K-1 fiancée visa, you must be about to enter into a valid marriage. That is to say, it cannot be solely to obtain immigration benefits but must be the product of a bona fide intent to establish a life together. You both must also be legally free to marry in the U.S.

Additionally, you must have met your foreign fiancé(e) in person at least one time within the two years before you file the K-1 visa petition. Waivers of this requirement are available under certain circumstances. To learn more, you are encouraged to speak with visa lawyers experienced in helping both the citizen sponsor and their alien fiancé.

To apply for a K-1 visa, your fiancé or fiancée must be outside the U.S. If you are marrying outside the U.S. or are both already in the U.S., you can still get a green card for your spouse once you are married.

What Are the Basic Requirements for a K1 Visa?

Certain requirements must be met for the USCIS service center to issue a K-1 Visa to a U.S. citizen and their foreign fiancé. While the list appears simple enough, each step may require substantial evidence, sometimes including sensitive information.

Requirements for a K1 Visa petitioner include:

  • One of the individuals, either the husband or wife-to-be, must be a United States citizen. They may be born in the U.S. or become U.S. citizens by naturalization. Legal permanent residents do not meet the necessary criteria. Only U.S. citizens. If the American fiancé is a lawful permanent resident, you may be eligible for a marriage visa, such as the CR-1 spousal visa.
  • Both the U.S. citizen and their foreign citizen fiancé must have met sometime within the past two years. Unfortunately, seeing them remotely via video calls, messaging apps, or phone calls does not satisfy USCIS requirements. There are, however, exceptions that can be made with the help of an immigration lawyer. In cases where the two of you meeting would have disrupted social practices or cultural norms, USCIS may waive this requirement. Also, if it would cause the U.S. citizen extreme hardship to travel to meet their foreign loved one, then this may be argued by your attorney. For those who have met in person within the last two years, document the meeting as evidence of that fact, including photographs of the two of you together.
  • Both parties must be free to marry. If either party had any previous marriages, those marriages must have either been ended by divorce, annulment, or death. In some cases, the government may request proof, such as divorce papers or death certificates. Those who plan to be divorced but are still in the process must ensure the divorce is finalized before moving forward with a K1 Visa application.
  • The United States does not want anyone to be a burden on the system, whether they are natural-born citizens or foreign-born individuals looking for a better opportunity. You must prove to USCIS that you can financially support each other and afford all of your living expenses, or risk having the application denied.
  • The marriage must be a legitimate relationship. If the marriage lacks legitimacy, it could be considered to be immigration fraud.
  • Both the U.S. citizen and the alien fiancé will have to undergo a criminal history background check. Those with an extensive criminal record may not be successful in acquiring a K1 Visa. You must answer all questions honestly in any forthcoming immigration interview, though, as any misrepresentation or mistake may cause a denial.

What Documentation is Requested by USCIS, and How Can K1 Visa Lawyers Help?

For those hoping to obtain a K1 Visa, they should begin preparing by gathering all necessary documentation that may be requested during the application process or the later interview.

Documentation that may be needed during the process:

  • DS-160 form (non-immigrant visa application).
  • A valid passport will remain valid for the processing time and for the duration of the two parties’ marriage.
  • Divorce papers and/or death certificate proving the end of any previous marriage between the fiancé and their intended spouse.
  • The birth certificates of both fiancés.
  • A professional medical examination and proof of the examination’s findings.
  • Two passport-style photos.
  • Bank account statements and other means to prove that you can financially support each other and will not become a burden on United States benefits programs.
  • Money to pay for all necessary filing fees.

How Can You Show a Bona Fide Relationship to USCIS?

The K-1 visa allows foreign fiancés of U.S. citizens who intend to marry within 90 days to enter the U.S. One key eligibility requirement is the ability to demonstrate a bona fide relationship. In other words, you must demonstrate that the commitment between you is genuine and not for immigration purposes only. This requirement often means submitting a variety of evidence that highlights shared experiences and ongoing commitment.

The following types of evidence can help demonstrate the legitimacy of your relationship to USCIS:

Documentary Evidence

Documentation can be strong evidence to prove the authenticity of your relationship. Emails, messages, and video call logs can show ongoing interactions between you and your fiancé. Photos from events, vacations, and milestones as a couple can help illustrate your history together. Flight tickets, entry stamps on passports, hotel receipts, or other evidence of traveling to see each other can help support your claim. You can paint a clear picture for immigration officials by supplying properly labeled, genuine documents that span the duration of the relationship.

Testimony of Family and Friends

Affidavits from friends and family who have witnessed your relationship firsthand can provide additional perspective to your application. These individuals can offer anecdotes or observations that reveal the nature of your bond, compatibility, and commitment. A range of affidavits (from siblings, parents, and close friends, for example) can paint a fuller picture of the relationship. This third-party testimony should state how the person knows the couple and include details of their interactions. Both you and your fiancé will need to submit written declarations of your intent to marry within 90 days of the foreign partner entering the U.S.

When Does the 90-Day Countdown Begin?

After a Petition for Alien Fiancé is approved, the case moves to the National Visa Center (NVC), which assigns a case number and forwards the file to the U.S. embassy or consulate in your partner’s home country. He or she must then complete an Online Nonimmigrant Visa Application (DS-160). The foreign national must undergo a mandatory examination with an authorized physician, who will conduct a physical exam, review vaccination records, and screen for communicable diseases. Results are sent to the embassy or provided in a sealed envelope, which the applicant must bring to the consular interview.

During this interview, a consular officer will ask questions about the foreign national’s relationship with the U.S. citizen petitioner, to verify it is genuine and not entered into for immigration benefits. If the application is approved, the officer will place the K-1 visa inside the applicant’s passport. The visa is valid for six months from the date of issuance.

When the foreign national arrives at a port of entry, a Customs and Border Protection (CBP) officer will inspect the passport and visa and make the final determination regarding admission into the United States. Entering the country begins the 90-countdown. You and your fiancé must marry within this window. You may not extend the timeframe for any reason. If you fail to marry, the foreign national must leave the country immediately.

How to Legally Marry Your Foreign Fiancé or Fiancée in the United States?

First, file Form I-129F, Petition for Alien Fiancée, and its accompanying documents. The U.S. Citizenship and Immigration Services (USCIS) will either approve the petition and send it to the National Visa Center (NVC) in New Hampshire or deny it and notify you of the reasons for the denial. If you are denied, talk to an immigration attorney from Yew Immigration Law Group. We can review your situation to determine how to best move forward, whether by appealing the decision or reapplying.

The National Visa Center will forward an approved petition to your fiancée’s local embassy or consulate, where your fiancée will apply for the K-1 visa. The embassy or consulate will schedule a visa interview with your fiancé or fiancée. Your fiancé should bring the required forms and documents to the interview. After the interview, the State Department will either grant the K-1 visa or deny it. Assuming it is approved, the visa is valid for a single entry during the subsequent six-month period.

Once your fiancé(e) has been admitted to the U.S., you two are then free to marry one another. However, please note that you must marry within 90 days of your arrival in the United States, or your foreign fiancé will have to leave.

After the marriage, your spouse can apply for a green card. Your spouse will generally be granted conditional permanent resident status, a green card valid for 2 years. Ninety days before the conditional green card expires, your spouse will need to apply to have the conditions removed, hopefully then granting them the privileges of lawful permanent resident status. They can apply for citizenship after five total years of lawful permanent residency.

Adjustment of Status to Permanent Resident

The process of applying for lawful permanent residence after marriage is known as adjustment of status. Your spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status, with required documentation, including the marriage certificate, a birth certificate, passport photos, a government-issued photo ID, and proof of lawful entry. To file Form I-485, an individual must be physically present in the United States. You must provide an Affidavit of Support for your spouse on Form I-864. USCIS warns applicants that this affidavit is a contract with the U.S. government to support the sponsored alien and is legally binding.

USCIS may require your spouse to appear to provide biometrics, which may include fingerprints, a photograph, and/or a signature, or for an interview. An appearance may be required at any time to obtain additional information, verify identity, and conduct background and security checks. If a biometric appointment is necessary, USCIS will send a notice with the date, time, and location of the appointment.

Typically, you and your spouse will be mailed a notice of an in-person interview, in which an immigration officer will review your application and supporting documentation and ask questions to confirm the genuine nature and validity of your marriage. If the adjudicating officer approves the application, the office will mail your spouse’s Green Card to your physical address.

Should You Get Married in the United States or the Country of the Foreign Fiancé?

It may be appealing to consider marriage abroad rather than in America, where the process could be more complicated. Does that make it better to marry overseas, such as in the foreign fiancé’s home country? Not necessarily. But it really depends on the particulars of your individual case and who you two are as people.

Legal protections that exist in the United States, including the right for same-sex couples to marry and apply for immigration benefits, do not exist in every country. For some couples, where the marriage takes place has real consequences for their legal rights. That is a factor worth discussing with an attorney before making that decision.

For example, a same-sex LGBTQ couple has the same right to apply for a K-1 fiancé visa in the United States as any other couple. But in many nations, same-sex marriages remain illegal, and LGBTQ people who love one another may be forced to remain unmarried because of that lack of equality.

There may be other requirements in place in other nations, whether based on age, race, ethnicity, or religious beliefs, which could make marrying the person you’re in a relationship with more challenging.

Additionally, those who get married in the United States will have a shorter wait to secure a marriage green card.

Contact Our Law Firm to Create an Attorney-Client Relationship Starting with Your Initial Consultation

For assistance with a K-1 visa, contact Yew Immigration Law Group. We have years of experience helping people come to live and work in the U.S., either with an immigrant visa, marriage visa, or fiancé visa application.

While our law offices are based in San Jose, CA, our legal staff also provides legal services to clients in the following localities: San Francisco, Oakland, San Diego, Berkeley, San Bernardino, Riverside, Sunnyvale, and the general Bay Area.

If you have questions about K-1 visa eligibility or if complications have come up in your case, we are here to help you understand your options and work through them. Every situation is different, and that is exactly why it helps to have experienced legal counsel involved early in the process.

To schedule your initial case evaluation, please contact our office via our website or by phone at 408-684-6704.