Nashville Fiance K-1 Visa Attorneys
It is not uncommon for a person who is living within the United States and is a United States’ citizen to wish to bring their non-citizen fiance from another country to the United States. As such, there is a specific process for doing so. At the offices of Ozment Law, PLC, we have skilled Texas-based immigration attorneys who can help you navigate the fiance visa process. Contact us today to learn more.
Obtaining a Fiance Visa
A fiance visa, also known as a K-1 nonimmigrant visa, is for foreign national fiances of U.S. citizens. As explained by U.S. Citizenship and Immigration Services, the first step in starting the K-1 visa application process is filing the Form I-129, Petition for Alien Fiance.
Eligibility for a K-1 visa is based on:
- Intent to marry within 90 days of the fiance entering the United States;
- Validity – the relationship must be legitimate, with each party having a bona fide interest in establishing a life together (marriage cannot be pursued for the purpose of obtaining a visa);
- Legal ability of both parties to marry (i.e. one party is not already married);
- The U.S. citizenship of the petitioner; and
- The fact that the parties have met each other in person at least one time within a two-year period preceding the filing of the Petition for Alien Fiance.
After the Form I-129, Petition for Alien Fiance is filed, it will be reviewed by the appropriate government agency. If approved, the next step in the visa application process is that of the foreign fiance applying for the K-1 visa and scheduling an interview with the U.S. embassy or consulate. After reviewing all required documents, the consular officer will either approve or deny the visa application request. If permission to enter the United States is granted, the two parties have 90 days to enter the union of marriage.
What You Should Know About a K-1 Fiance Visa
If a K-1 fiance visa is granted, there are a few important things to know about rights and limitations provided by this visa type. These include:
- The right of the fiance’s minor children to apply to enter the United States with a K-2 visa;
- The right of the fiance to apply for work authorization within the United States; and
- The requirement to marry within 90 days of entering the United States. The K-1 (and K-2) visa is temporary, and only lasts for 90 days. If you do not marry within 90 days, your fiance may face deportation. If you do marry within 90 days, the next step is filing a Form I-130, Petition for Alien Relative.
Our Lawyers are Here to Help
The process of bringing your fiance to the United States can feel overwhelming, and a small misstep along the away could delay the application by months. To improve your chances of your visa application being approved, call our lawyers for knowledgeable guidance. You can request your free case review in Spanish or English by sending us a message directly or calling our passionate Nashville immigration lawyers now.