Choose flowers. Taste wedding cake. Visit wedding venues. These are some steps you may take before your wedding. But what if your walk down the aisle is complicated by your fiancé being a foreign citizen?
If you need help navigating the process to obtain a fiancée visa for your future spouse, contact the Miami fiancé visa lawyer at Shannon Rosales Law, P.A. today to get started with a free consultation. Lead attorney Shannon Rosales is committed to helping you bring your loved one to the U.S. and will be your advocate as you navigate the fiancé visa process.
What is a fiancé visa?
A K-1 visa, referred to as a fiancé(e) visa, is the visa necessary to bring your loved one to the United States to get married in the U.S. As the person submitting the request for the K-1 visa, you are considered the petitioner or the sponsor.
To be eligible for a K-1 visa, both you and your partner must be eligible to marry. Once your fiancée enters the U.S., the visa requires you to marry your fiancée within 90 days of your fiancée arriving in the U.S. If you and your fiancée fail to marry within the 90 days, then your fiancée is in violation of the terms of the visa.
If your fiancé has unmarried children under 21 years old, the children may be eligible for K-2 visas to come to the U.S. The sponsor must include the children on the petition for the K-1 visa.
What are the requirements for a fiancée visa?
The requirements for a K-1 visa are similar to those for an immigrant visa. The requirements include the following:
- The sponsor or petitioner for the K-1 visa must be a U.S. citizen
- The sponsor and the foreign fiancé must be single or legally divorced
- The sponsor and the foreign fiancée must have met within the past two years
- The couple must intend to marry within 90 days of the foreign fiancé arriving in the U.S.
- The sponsor must meet the minimum income and financial requirements
- The foreign fiancé must meet the criteria to be admitted into the U.S.
What is the process for obtaining a K-1 visa?
There are several steps to take to obtain a K-1 visa for your fiancé.
Step 1 – The sponsor files a petition for the foreign fiancée with the U.S. Citizenship and Immigration Services (USCIS) and pays the fee. An immigration lawyer will help you gather the documentation and submit the proper form (Form I-129) to the USCIS.
Step 2 – The USCIS will review the application and approve or reject your petition. If the USCIS approves the petition, it will notify the National Visa Center (NVC). The NVC will forward the approval to the U.S. embassy or consulate in the country where your fiancée lives.
Step 3 – Your foreign fiancé will file the K-1 visa application. Your fiancé will also need to complete an interview as part of the process.
Step 4 – Once the K-1 visa application is approved, your foreign fiancé must enter the U.S. within six months. The fiancé will be approved for one entry.
Step 5 – When your fiancée attempts to enter the U.S., the U.S. Customs and Border Patrol will provide the final approval for your fiancée to enter the U.S.
What documentation must my fiancé submit?
When your fiancée applies for the K-1 visa, your fiancé will need to bring several pieces of documentation to the visa interview. The documentation includes the following:
- Application for the K-1 visa
- A copy of your fiancé’s passport showing it will be valid for six months beyond the date of the stay in the U.S.
- The divorce or death certificates showing each partner is legally able to get married
- Police certifications from your fiancé’s country and all countries where the fiancé lived for six months or more since the age of 16
- A medical examination
- Fees for the K-1 visa
What happens after we are married?
After you are married, you should submit a request for a change in status for your spouse and your spouse’s children. The goal is to change your spouse’s and the children’s statuses to legal permanent residents.
The USCIS will vet your marriage to ensure the marriage is legitimate and not solely to obtain residency in the U.S.
Do I Need a Lawyer to Get My Wife a Green Card?
While it is not legally required to hire an attorney to assist with the green card application process for your spouse, it is highly recommended. An experienced immigration lawyer can help you navigate the complex and often challenging immigration procedures, ensuring that all necessary forms and supporting documentation are correctly filed. They can also provide valuable guidance on how to handle any potential issues or delays that may arise during the application process.
Having legal representation can significantly increase the likelihood of a successful green card application for your spouse and can help you avoid costly mistakes that might result in application denials or delays.
How Long Does It Take for a US Resident to Sponsor His Spouse?
The processing time for a green card application through marriage to a U.S. resident can vary depending on several factors, including the specific immigration category, the country of origin of the spouse, and the workload of the U.S. Citizenship and Immigration Services (USCIS) office handling the application.
On average, the process may take approximately 12 to 24 months or more. It involves several stages, including the filing of an I-130 petition, visa processing through the National Visa Center (NVC), and consular processing if the spouse is residing abroad. The timeline can be affected by additional factors, such as the availability of visa numbers and any administrative processing required.
An immigration attorney can provide a more precise estimate based on your unique circumstances and help expedite the process whenever possible.
Can I Petition for My Spouse Without a Lawyer?
While it is possible to petition for your spouse’s immigration benefits without a lawyer, it is advisable to seek legal counsel, especially if you encounter any complexities or obstacles during the application process. An immigration attorney can help ensure that all required forms are correctly filled out and filed, increasing the likelihood of a successful outcome and reducing the risk of unnecessary delays or denials.
Additionally, immigration laws and procedures can be complex and subject to change, so having a knowledgeable attorney by your side can help you navigate the process more effectively and make informed decisions.
Why choose Shannon Rosales Law, P.A.?
Lead attorney Shannon Rosales is a skilled immigration attorney dedicated to helping you bring your new family to the U.S. to start your lives together. Shannon will take the time to answer any questions you have and keep you apprised of the status of the case. She will also take the time to learn everything she needs to know about you and your fiancé to submit the required documentation. Throughout the process, Shannon will treat you with the decency and respect you deserve and empower you to make decisions about your case. As a fluent Spanish speaker, Shannon can also support you in the comfort of your preferred language.
Contact Our Miami Fiancé Visa Lawyer Today
Shannon Rosales is here to help you navigate the intricate process of obtaining a fiancé visa. Contact our Miami fiancé visa attorney today to get started. Se habla español.