It is not uncommon for U.S. citizens to marry people outside the states. If your spouse is not a citizen, you may wonder how to bring them to the United States. While employment visas provide a temporary option for your foreign spouse to enter the states, the most...
Applying for a Fiancé Visa in 5 Simple Steps
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A fiancé visa, also called a K-1 Visa, is a type of visa that allows a foreign national to enter the United States to marry their U.S. citizen fiancé. However, state and federal laws make applying for a fiancé visa a long and complex process. That’s why it’s a good idea to get help from an immigration lawyer in Texas when applying for a fiancé visa. First, start by checking your eligibility here.
1. File I-129F
The first step in applying for a fiancé visa is for the U.S. citizen to file Form I-129F with USCIS. This petition must be filed by mail. You can download the form from the USCIS website.
Along with the form, submit evidence that proves you are a U.S. citizen and your fiancé is a foreign national. Additionally, you must prove that you intend to marry your fiancé within 90 days of their arrival in the United States.
Documents to Submit
- Evidence of courtship and intended marriage
- U.S. Citizenship documentation
- Proof of an in-person meeting
- A Passport-style colored photo of each individual taken 30 days before petition submission
2. File Form DS-160 with National Visa Center
Next, after the U.S. approves the I-129F form, your fiancé will receive a notice from the National Visa Center (NVC) in their home country. The NVC collects documents and fees needed to apply for a fiancé visa.
Then, your fiancé will get a notice 30 days after the application is approved. The notice will have information about your approval status, including your case number and the date and location of the required interview. Additionally, the notice will include a list of documents your fiancé needs to provide to the U.S. embassy and instructions on how to do so. Make sure the contact information on your Form I-129F is correct, or your fiancé may not get this notice.
Afterward, your fiancé will need to fill out an online application called the DS-160 form. They will then print the confirmation page and bring it to their interview. This page has your barcode, which you will need to show at the U.S. Embassy.
3. Interview with Counselor Office in the U.S. Embassy or Consulate in that country
Your fiancé should review all of the documents submitted with their application. Additionally, they need to prepare to discuss them in detail with the interviewer. It is essential to be honest and open during this conversation. In other words, any misrepresentation of facts could result in a denial of the visa.
The U.S. embassy will request documents from you and your fiancé. However, every embassy has a specific process for providing these documents, so follow their instructions in the notice.
The U.S. Citizen fiancé must provide An Affidavit of Support. This document shows you promise to help your foreign fiancé avoid relying on government benefits in the future. You must provide copies of your approved I-129F package to prove your relationship. Additionally, you will include your most recent tax return.
Documents the Foreign Fiancé Must Provide
- Two passport-style photos
- Birth certificate
- A copy of a valid, unexpired passport
- Police clearances from all countries where you have lived for more than six months since you were 16 years old
- A sealed medical exam form. You are required to receive a medical examination from an approved doctor by the U.S. embassy.
After preparing the documents listed above, your fiancé will attend the interview at the date and location listed on the notice from NVC. Only the foreign fiancé needs to attend the interview. Typically, the interview will take place 4-6 weeks after receiving the notification.
The U.S. requires a $265 fee for a K-1 fiancé visa. You will usually pay this fee at the visa interview. However, every embassy or consulate has its requirements. Carefully follow the instructions in the notice you receive from the embassy or consulate handling your case.
Usually, the consular officer who interviews you for your visa will decide on the same day. However, if they need more information or evidence, they might ask you to submit it to the U.S. Consulate or Embassy after the interview.
4. Enter the U.S.
Upon approval of your K-1 visa application, you will receive a sealed visa packet. Do not open this packet. A Customs and Border Protection (CBP) officer will inspect when you arrive in the United States. They may ask for this visa packet.
After receiving approval for the visa, you have up to 4 months to arrive in the United States. Ultimately, this visa does not guarantee entry into the U.S. The CBP officer can deny access if evidence proves inadmissible.
Moreover, make sure to bring any other visa-related documents with you when you travel. This includes the original K-visa petition filed with USCIS and the receipt for the $265 fee paid for the K-visa application.
5. Get Married
Lastly, after your fiancé enters the United States, you must marry within 90 days. If you do not marry within this timeframe, your fiancé will have to leave the country. The fiancé visa is only the beginning of the immigration process. Therefore, consult with an immigration lawyer in Texas to ensure a smooth transition into your new life.
Finally, following the marriage, you will petition for your spouse to receive residency by applying for a Marriage Green Card.
Why hire an Immigration Lawyer in Texas?
The immigration process can be very complicated. For instance, the United States requires many forms to fill out and documents to submit. Additionally, the requirements can change at any time. Therefore, applicants find it crucial to have an experienced immigration lawyer in Texas to represent and assist along the way.
Alternatively, an immigration lawyer will help you navigate the complex legal process, prepare your paperwork, and represent you at your interview. Experienced immigration lawyers have the best chance of helping you obtain a fiancé visa. Therefore, contact Dooley Noted today for a free consultation. We are ready to help you and your fiancé live the life of your dreams.
If you have any questions or concerns about the fiancé visa process, reach out to Dooley Noted. We would be happy to help you through this process.
The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.
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