When a United States citizen marries a citizen of another country, the new spouse becomes eligible to apply for permanent residency and eventually for U.S. citizenship. These are some common questions that couples ask about K-1 visas. You can discuss them in more detail with an Atlanta fiancée visa lawyer.
Do All Engaged Couples Need a Fiancé Visa if Only One Partner is a U.S. Citizen?
No. You only need a fiancée visa if the U.S. partner is currently in the United States and the foreign partner is in another country. If your fiancée is already in the United States with an immigrant visa or green card or a nonimmigrant visa (such as a student visa or visitor visa), you do not need to file any additional immigration paperwork before getting married. You can just go forward with your wedding plans in the U.S.
How Long is a Fiancé Visa Valid?
A fiancé visa is valid for 90 days from the date it is issued. During those 90 days, the foreign partner should travel to the United States, and the couple should get married and file their marriage certificate.
What is a Form I-129F?
Form I-129F is a fiancée visa petition; the U.S. partner must file it. You must certify that you and your fiancée have met in person at least once in the past two years and that you are legally eligible to marry; in other words, you are not legally married to anyone else.
What is a Form K-1?
Form K-1 is the fiancé visa application that the foreign partner files at the U.S. consulate in his country of citizenship. You must submit the following documents to accompany form K-1:
- Evidence that you are engaged to your fiancée, including but not limited to engagement photos, emails exchanged with your fiancée or her family members, and receipts for travel tickets
- Form DS-160 (online nonimmigrant visa application)
- Birth certificate
- Certificate from the police indicating your lack of a criminal record
- Medical evaluation in a sealed envelope
- Financial documentation
- Fees
- Two passport-sized photos
- If you were previously married, include your former spouse’s death certificate (if you are widowed) or a divorce decree (if your previous marriage ended in divorce)
Is a Fiancé Visa Considered an Immigrant or Non-Immigrant Visa?
A fiancé visa is considered an immigrant visa, because the assumption is that, once you arrive in the United States, you will get married and become eligible to apply for permanent residency.
Who is Eligible to Receive a Fiancé Visa?
You can only get a fiancée visa if you can show that you are serious about marrying your fiancé and staying married. Even if you and your fiancé originally met online, you need to have met in person at least once during your relationship. Both you and your fiancé must be legally single. If either partner has been married before, they must provide proof that the previous marriages ended either in divorce or annulment or in the death of one spouse.
What Should You Do if Your Fiancé Visa Application Gets Rejected?
If USCIS rejects your application for a K-1 visa, you have the right to appeal the decision. The deadline for filing the appeal is 33 days from the date of the letter notifying you that USCIS has denied your application. To appeal the decision, you must file form I-290B and a nonrefundable filing fee of $675. It is a good idea to hire an immigration lawyer if your first application for a K-1 visa got rejected; a lawyer can increase your chances that the application will get accepted on appeal.
How Does the COVID-19 Pandemic Affect Fiancé Visas?
One of the requirements for the form I-129F is evidence that you and your fiancé have visited each other in person at least once in the past two years, although USCIS will waive this requirement for a limited number of cases. For couples applying for fiancé visas in 2022, it is difficult to meet this requirement. To say that the COVID-19 pandemic has disrupted international travel is an understatement; some countries discontinued most, or even all, international flights for a year or more. If you are worried that the lack of in-person visits will jeopardize your I-129F application, you should visit your fiancé or he should visit you soon, and then you can apply for the form I-129F after your fiancé returns to his country of citizenship. If travel is not feasible now and has not been feasible for at least two years, you should contact an immigration lawyer. Your lawyer can help you present a strong case that you and your fiancé have the financial means to live together in the United States even though you have been unable to visit each other for at least two years.
What is Next for Your Immigration Case After You Marry Your Fiancé?
As soon as you marry your fiancée and file your marriage certificate at the courthouse, she is legally your spouse. U.S. citizens have the right to file for permanent residency for close family members, including spouses. In other words, you can apply for an adjustment of status as soon as you get back from your honeymoon. If USCIS accepts the application, your spouse will get a temporary green card, which is valid for two years, at the end of which time, she may apply for a permanent green card. Your spouse may apply for citizenship five years after receiving the temporary green card. If you divorce before the end of the two years, your spouse will lose her green card, but if your marriage ends in divorce after your spouse has gotten a permanent green card, she will keep her permanent green card and become eligible to apply for U.S. citizenship according to the usual timetable.
Should You Hire an Immigration Lawyer to Help With Your Fiancé Visa Case?
Hiring a lawyer for a fiancée visa case is not a requirement. It is a good idea to hire an immigration lawyer, though, if you are worried that USCIS might not accept your application.
Contact an Atlanta Immigration Lawyer
Zulma Lopez is an immigration lawyer who helps clients with family-based immigration cases. Contact Lopez Immigration Law in Atlanta, Georgia, or call (470)617-7994.