In order to be eligible to petition for a K-1 visa, you must be a citizen of the United States.
Here's How to Apply for a K-1 Fiance Visa
You must also provide proof of the following:
o You and your fiance are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
o There is a bona fide intention to marry within 90 days of your fiance's entry into the United States.
o You met each other, in person, at least once within two years of filing for your petition. USCIS can waive this requirement if you apply.
After a Service Center receives and processes the petition:
You will receive a First Notice of Action acknowledging that your K-1 petition has been opened. You will later receive a Second Notice of Action once your K-1 petition has been approved.
Upon approval, the USCIS will notify the consulate, and the petition will be valid for four months.
If your USCIS denies the petition, you can appeal the decision to USCIS's Administrative Appeals Office using form I-290B.
You must request that your American Embassy open a provisional case file for your fiance. You will then receive and complete Packet 3. Your case will then be forwarded by your Service Center to the National Visa Center, and then to the U.S. Embassy in your fiance's country.
The U.S. Embassy will issue Packet 4 to your fiance with a checklist of items and paperwork to be completed. It will also give further instructions on how to obtain medical exams and to schedule a visa interview.
After completing the interview, your fiance will be admitted to the U.S. for 90 days for the wedding. Then, your spouse can apply for a Social Security number, and you should obtain a marriage certificate. Your spouse should also apply for an adjustment of status to become a conditional permanent resident, as well as employment authorization.
Don't wait to marry your fiance. Apply for a K-1 visa today.
Additional resources provided by the author
Paola Patricia Tinoco
President, Attorney at Law
BELMONTE LAW FIRM, P.L.L.C.
4131 N 24th St. Suite C210, Phoenix, Arizona 85016
Phone: (602) 753-5383 Fax: (602) 753-1293
Email: [email protected] Phoenix Immigration Lawyers - Free Consultation
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