K-1 Visa Attorney in Charleston, SC
Helping You and Your Fiancé(e) Reunite in the U.S.
If you are engaged to a foreign citizen, you may be unsure of how to proceed. If your goal is to live together in the United States and obtain permanent residency for your future spouse, the K-1 Visa (i.e. the fiancé(e) visa) may be for you.
Requirements for the K-1 Visa
If you are the U.S. citizen, you will petition for the K-1 Visa on your fiancé(e)’s behalf. To be eligible, you must:
- Demonstrate your ability to support your future spouse and make a certain minimum annual income, dependent upon what other family members you also support;
- Have personally visited your fiancé(e) within the past two years (with limited exceptions);
- Demonstrate that both of you are legally free to marry (i.e. no other valid marriages or pending divorces); and
- Intend to marry in the U.S. within 90 days of your fiancé(e)’s arrival.
The Submission Process
You will need to file USCIS Form I-129F along with all required documentation and filing fees. Upon approval, the National Visa Center (NVC) will forward it to your fiancé(e)'s home country U.S. Embassy or Consulate for further administrative processing.
Your fiancé(e) will then be notified when and how to apply for the K-1 Visa. They will need to get the required medical examination, digital fingerprints, police reports, translations, and more. They will also need to report for an interview and pay all visa processing and issuance fees. The visa, if approved, will last for 6 months and allow for a single entry into the U.S.
Arrival and Adjustment of Status
When your fiancé(e) arrives in the U.S., you must marry within 90 days. Failure to do so can deem the fiancé(e) an overstay and may trigger a removal proceeding. If you miss this deadline, contact our law firm immediately. Your fiancé(e) may be able to obtain a temporary work permit that is valid until the interview for adjustment of status.
After the marriage, your fiancé(e) can apply for a green card. If they apply before you have been married for two years, USCIS will most likely grant conditional permanent residency, which is, essentially, a green card that is only valid for two years. Upon completion of this two-year period without violating terms, your fiancé(e) can apply to remove the conditions and adjust to lawful permanent residency.
Put Decades of Experience to Work for Your Future
At Charleston USA Immigration Law Center, LLP, we have represented hundreds of these types of petitioners and have a thorough understanding of all potential obstacles. Marriage-based visas and green cards are intensely scrutinized by USCIS in order to prevent marriage fraud, and a conviction for this crime could mean thousands of dollars in fines or even years in prison. We believe in your right to live in the U.S. with your partner, and we know how to make this happen in an efficient and secure manner.