K-1 Fianceé Visa

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What is a K-1 fianceé visa?

With a K-1 fianceé visa, a U.S. citizen can petition for his or her fianceé abroad to come to the U.S. so they can get married.

Who can file a K-1 visa petition?

A US citizen can file a K-1 visa petition for his or her fiancée abroad.

How long will it take for my fianceé to be able to travel to the US?

Usually, it takes between 3 and 6 months from the date Northwest Immigration & Criminal Defense files your K-1 fiancée visa to your fiancée's arrival in the US.

Can I file for a K-1 visa if we are already married but my husband/wife is still living abroad?

No. If you are already married, a Northwest Immigration & Criminal Defense immigration attorney can help you file a different visa petition for your spouse.

Why choose a K-1 visa petition instead of other visas available to couples?

Which visa is best for your particular situation depends on your goals as a couple. During your consultation, a Northwest Immigration & Criminal Defense immigration attorney will explain your options and help you make an informed decision. A K-1 visa is often the best choice for a couple when a US citizen, located in the US, wants his or her fiancee abroad to come to the US and have a little time here before marriage.

What is the K-1 visa process?

A Northwest Immigration & Criminal Defense lawyer can explain the process in more detail, as it applies to your situation, during a consultation but here is a general overview of the steps in a K-1 visa application and the subsequent adjustment of status:

Step one: Determine eligibility

The US citizen begins the process by meeting with a Northwest Immigration & Criminal Defense attorney for a consultation. During this consultation, one of our immigration attorneys will determine whether you and your fiancée can qualify for a K-1 visa. If your fianceé has any minor children, a Northwest Immigration & Criminal Defense immigration attorney will also explain the K-2 visa process for your fianceé's children.

Step two: Gather documentation

The evidence required to create a successful K-1 visa petition is different in every case. Generally, USCIS requires: valid passport, birth certificate, divorce or death certificate of any previous spouse, police certificate from all places lived since age 16, medical examination, evidence of support, and evidence of valid relationship with the petitioner. This last item is often the most difficult for individuals to obtain. Our immigration attorneys can help you determine what evidence will be the most effective for your situation.

Step three: File the petition

Once your Northwest Immigration & Criminal Defense attorney is satisfied that we have created the best possible K-1 visa petition for you, we will file your petition with USCIS. We will receive notice when USCIS receives your application and again when it is approved and forwarded to the National Visa Center (NVC).

Step four: U.S. Embassy receives the petition

When the NVC has determined that all the required documentation is included in your petition, the NVC will forward your petition to the U.S. embassy in your fianceé's country of residence or the closest embassy that processes immigrant visa petitions. To find the embassy closest to your fianceé's place of residence, click here. This embassy will prepare a packet of documents and send it to your fianceé.

Step five: Documentation for the embassy

Your fianceé will need to gather the documents required by the U.S. embassy, return them to the U.S. embassy, and get a medical check by a physician approved by the U.S. consulate. For a list of the approved physicians click here.

Step six: The interview

When the U.S. embassy accepts your fianceés documents, it will issue an interview date approximately one month out. A Northwest Immigration & Criminal Defense attorney will be available to help prepare your fianceé for this interview. Providing everything goes well in this interview, the consulate will issue your fianceé a K-1 visa.

Step seven: Travel to the U.S.

Your fianceé may now travel to the United States! At the port of entry, (s)he should present this visa to the immigration officer.

Step eight: Marriage

Once in the U.S., your fianceé should apply for a social security number and you should apply for a marriage certificate together. Please stop by the Northwest Immigration & Criminal Defense office to say hello! You have 90 days from the day your fianceé entered the U.S. to get married but it is best not to wait until the last minute.

Step nine: Adjustment of status

After getting married, your fianceé will have to adjust status. This is the process of transferring from non-immigrant status (like a K-1 visa holder) to immigrant status (permanent resident). Hopefully, after a great experience with Northwest Immigration & Criminal Defense, you will consider hiring us for this next step down the immigration path. To learn more about adjustment of status, click here.

Where are we located?

Our office is conveniently located here for residents of Portland and Gresham. We also periodically travel to Woodburn, Hood River, Beaverton, and Hillsboro for community outreach. If you are unable to make it to our office, please contact us to set up a time when we can come to you.

Northwest Immigration & Criminal Defense LLP

18210 E Burnside Street - Suite E - Portland, Oregon 97233