Information About K-1 Fiancé(e) Visas

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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Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

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