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Information About K-1 Fiancé(e) Visas

June 5, 2022
  By Saman Movassaghi

You fell in love with someone and got engaged. You and your fiance couldn’t be happier. There’s only one issue: They aren’t a U.S. citizen. Since you want to live in the United States together, you’re looking into what to do. That’s where the K-1 fiance visa can come into play. 

Here’s some more information on how to go about obtaining a K-1 fiance visa for your beloved.

How to Get a K-1 Fiance Visa

The first step you’ll have to take is filing Form I-129F, Petition For Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Note that this visa is also called the K-1 nonimmigrant visa. You need to file the form before you plan to get married and live in the U.S. together.

You and your fiance need to intend to marry one another within 90 days of your fiance coming to the U.S. as a K-1 nonimmigrant. Of course, your marriage needs to be legitimate – you can’t just do it so that your fiance can become a U.S. citizen. This is in violation of the law and USCIS could find out. It could have wide-ranging negative consequences if your marriage is found not to be valid. 

Once you get married within that 90-day timeframe, your fiance can then apply for a green card, also known as lawful permanent resident status. 

Am I Eligible to Bring My Fiance to the U.S.?

Keep in mind that you have to meet the USCIS eligibility requirements to bring your fiance to the United States in the first place. You must be a U.S. citizen, and you and your fiance need to be legally free to marry one another. This means that if you or your fiance were previously married, that marriage must have ended in divorce, death, or annulment. 

You and your fiance also need to meet each other at least one time in person within two years of filing your petition. If you are unable to meet in person, you can file for a waiver. Two valid excuses are: It would result in extreme hardship for you or the petitioner, or it would be in violation of long-established and strict customs from your fiance’s social practice or foreign custom. 

What Happens if You Miss the 90-Day Deadline?

Weddings get delayed for a variety of reasons. Unfortunately, if you fail to get married within 90 days, K-1 and K-2 nonimmigrant status is automatically going to expire. Your fiance, along with their children, will need to depart from the U.S. after those 90 days are up. Otherwise, they would be breaking the law and could end up getting deported. This could have a very negative impact on their future and hurt their chances of trying to become citizens at some point. 

What if There Are Children Involved?

Let’s say your fiance has children they want to bring to the U.S. If they have a child who is under 21 years of age and not married, then they can bring them on a K-2 nonimmigrant visa. List your fiance’s children’s names on Form I-129F when you file it. The children cannot come to the U.S. before your fiance. 

Contact a Florida Immigration Attorney

Do you need help obtaining a K-1 fiance visa? Then contact Florida Immigration Law Counsel through our website or by calling 1-800-666-4996. We deal with the government so you don’t have to. We look forward to assisting you. 

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Reviews

I am delighted to write this review for Saman and her legal team as they provided me and my fiancé excellent services and guidance throughout our K-1 visa process. Saman and team provided us with the best in class counseling and ultimately helped us get our visa approved. Without their help we will not be soon to be married. Thank you Saman and team for all your guidance and support. For always being available and answering all of our questions. We wouldn’t be in this new stage without you guys! I fully recommend anyone seeking legal guidance and support to contact Florida Immigration Legal Counsel. You will not be disappointed. Forever thankful!

- María José and Claudio

A team of experienced, motivated and highly professional law counselors!! I was guided well in every step and the outcome were positive results every time. We will always be recommending and coming back for any case issues. Huge thanks to Saman, Wendie, Madelyn and the whole team!!

- Haris Nadeem

Very professional and caring law firm. Lianette and Saman handle my case like their own. Very responsive and responsible. I feel safe in the hands of these lawyers. They patiently answer my questions, keep tab of deadlines and look at all the details to make sure everything is correct. Excellent law firm!

- Natarajan Ravichandran

We are so thankful for the care taken in our visa applications during this very challenging time of the pandemic. Saman and Lianette always respond quickly to our questions and are professional and helpful. We had a successful outcome and look forward to continue working with them in the future. We would definitely recommend to support your immigration process.

- Live Remedy

The team at Florida Immigration Law Counsel was nothing short of exceptional. Saman is so knowledgeable and down to earth, it was truly a pleasure to work with her. Thank you FLILC team for an outstanding job!

- Matthew Jimenez

I highly recommend Florida Immigration Law Counsel. I had a great experience with my immigration case. They are overall very professional, efficient, knowledgeable, dedicated and communicative.

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- Ze Hid

A friend referred us to Florida Inmigration Law Counsel. Since then, Saman and her team have been the greatest asset to our legal procedures. We have worked with them for the past couple of years, Lianette has been helping us with our Labor Certification and Marianne with our TPS and we can’t recommend them enough, they are very knowledgeable, detailed oriented, extremely professional with excellent and constant communication. We are so happy that we found them Best Legal Team in South Florida. 100% recommended

- Maria Garcia

best attorneys around! Helped my mother and my family all in one go, thank you !

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