Short Hills Fiancé Visa Consultants
K-1 Visa Support
The K-1 visa, or the “fiancé visa,” allows engaged partners of U.S. citizens to travel to the United States if the couple is wed within 90 days of entry. This unique visa allows couples to reunite and spend time together in the U.S. as they navigate the months-long family immigration process.
Our Short Hills fiancé visa consultants at Worldwide Legal Services can help facilitate your marriage in the United States through the K-1 visa. Our accomplished team has managed more than 10,000 cases and has accumulated over 50 years of combined professional experience. We can determine your partner’s eligibility for the K-1 visa and assist you throughout the application process.
K-1 Visa Requirements
To secure a K-1 visa, the sponsoring partner must submit a petition to United States Citizenship and Immigration Services (USCIS). The noncitizen will then need to participate in an in-person interview with a USCIS official. If approved, the noncitizen fiancé will have 6 months to travel to the United States. The couple must marry within 90 days of the noncitizen fiancé’s entering the country. Once married, the noncitizen can remain with their spouse in the U.S. while petitioning for a marriage-based green card.
K-1 visas cannot be obtained in every relationship. U.S. citizens and their noncitizen partners must meet certain conditions to be eligible.
To obtain a K-1 fiancé visa, the following must be true:
- The sponsoring partner is a United States citizen. Lawful permanent residents cannot sponsor their partners for the K-1 visa.
- The sponsoring partner meets income requirements. The U.S. citizen sponsor’s most recent tax return must show an adjusted gross income that meets or exceeds the Federal Poverty Guidelines for your household size. The sponsor’s income will need to be 125% of the Federal Poverty Guidelines when eventually sponsoring their spouse for a green card.
- Both parties are eligible to marry under the laws of the United States. This just means that both parties must currently be unmarried. Any previous marriages must be legally terminated prior to submitting your application. Same-sex couples are eligible, even if same-sex marriage is prohibited in the noncitizen’s home country.
- The relationship and engagement are authentic. USCIS remains concerned with marriage fraud and heavily scrutinizes all relationships that can facilitate immigration benefits. You will need to prove the legitimacy of your relationship by providing evidence and documentation that you and your fiancé share a life together. You will also need to demonstrate the authenticity of the engagement.
- The couple must prove they met in person in the 2 years before applying for the visa. Exceptions can be granted to this rule if religious or cultural norms prevented the couple from seeing each other.
In addition, both partners must sign a statement confirming their intention to marry within 90 days of the noncitizen’s entry into the United States. If the couple does not ultimately get married, the noncitizen must promptly depart the country. Individuals with a K-1 visa cannot adjust their status to other temporary visa types.
You do not necessarily need to obtain a K-1 visa to seek a marriage-based green card. The K-1 visa is unavailable to couples that are already married, and a K-1 visa will be unnecessary if your spouse is already in the country on another temporary visa. You may also choose to get married abroad, though, in these scenarios, your spouse will need to wait until they have their green card before joining you in the United States.
Our Short Hills fiancé visa consultants at Worldwide Legal Services can assess whether a K-1 visa makes sense for your situation. We can help you understand the advantages and disadvantages of each approach. We are invested in helping you build your new life in the United States and will do whatever it takes to secure the necessary visas as quickly as possible.