If your future spouse is a foreign national, you likely have concerns about how you can bring your fiancé to the United States. At Little Law, P.A., we help couples navigate the complex U.S. immigration system and establish themselves legally in the country so that they can start building their future together. As you plan your wedding, it’s important to consult with an experienced Tampa FL fiancé visa lawyer. We can help you understand your legal options, prepare your case, and ease some of the pressure you’re facing. Contact us to speak to our immigration attorneys today.
What Is a Fiancé Visa?
If you are a U.S. citizen, you can apply to have your fiancé come to the United States on an expedited visa and marry them here. These are called K-1 visas. A K-1 visa allows a foreign national (your fiancé) to enter the United States legally for a period of 90 days.
Those who are already in the U.S. on temporary work or student visas need not apply for a K-1 visa. It is typically set aside only for those who do not reside in the U.S. In other words, those who live outside the U.S. and wish to enter for the purpose of marrying their fiancé must have a K-1 visa in order to do so.
Do I Need a K-1 Visa?
You will need a K-1 visa if:
- You plan on living in the U.S. with your fiancé after your marriage; and
- Your fiancé is a foreign national with no green card; and
- You are planning on getting married inside the United States.
If your fiancé does not need a K-1 visa, he or she may still need to apply for permanent resident status following your wedding. This is a completely separate process, which an experienced immigration lawyer can help you with.
Fiancé Visa Qualifications
Those who are petitioning the U.S. immigration courts must be able to prove the following. You:
- Are a U.S. citizen;
- Plan on marrying within the next 90 days;
- Have physically met your fiancé within the past two years;
- Are both legally allowed to marry in the United States.
What Is the Process of Applying for a K-1 Visa?
To apply for a K-1 visa, you will need to fill out and file Form I-129(F) — Petition for Alien Fiancé. You’ll also need to be able to prove that the individual you are bringing over from abroad is, indeed, your fiancé. There must be some evidence for this claim.
When you meet with your fiancé visa lawyer, you will received a list of required documents, including a copy of your birth certificate or passport, and documents related to your upcoming wedding. The more information you have, the better.
Within approximately six to eight months of the application, you will receive a decision from the immigration authorities. Afterward an approval, they will set up your fiancé with an interview at the consulate. The entire process takes about a year.
The K-1 visa is only valid for 90 days. It is assumed that the individual will get married and apply for a green card within that period of time. This will afford them lawful permanent resident status and allow them to spend the rest of their lives in the United States.
What Is a K-2 Visa?
If your fiancé has children, they are also allowed to come to the U.S. on a K-2 derivative visa. In this case, there are specific requirements that the children must meet. These are as follows:
- They are legally recognized as the K-1 visa holder’s children; and
- They are unmarried or under the age of 21.
There are some cases where a K-2 visa is denied to a child who is between the ages of 18 and 21. In these cases, as long as you can show they meet the requirements outlined above, the petition will eventually be granted. For those with children who are nearly 21, it’s important to act quickly. The child must be under 21 until the day that they enter the United States.
What Is a K-3 Visa?
If you are already married and need to bring your spouse to the States, you can do so through a K-3 visa. If your current spouse also has children, you can bring them over on a K-4 visa. These visas are given priority status but also require more legwork. There will be one additional form to file and the process takes a bit longer. And your spouse will still be required to undergo an interview at the U.S. consulate in their home country.
A Fiancé Visa Lawyer Can Help You Avoid Delays
K-1 and other marriage-related visas are the most likely to be examined for fraud. In other words, these applications will be closely scrutinized by USCIS. An experienced fiancé visa lawyer can ensure that your applications pass scrutiny and that you don’t experience needless delays while immigration authorities seek to verify your information.
Additionally, we will ensure that your forms are filled out completely and accurately, anticipating what evidence you will need in order to prove your claims to immigration. We can also prepare you and your loved one for any interviews that you’re required to undergo and ensure the process takes as little time as possible.
In some cases, a single mistake on a confusing application form can delay the entire application process by months. Our job as your immigration lawyers is to ensure that doesn’t happen. Among our other services, we:
- Prepare all immigration forms ensuring strict compliance with government requirements;
- Help you collect evidence that will anticipate immigration requests and prove the truth of what you’re claiming;
- Prepare your fiancé for his or her interview; and
- Give you practical advice on bringing over other relatives and family members.
Contact a Fiancé Visa Attorney Today
If you need to bring your fiancé, current spouse, or any of their children over to the U.S., Little Law, P.A. has years of practical experience providing immigration services to U.S. citizens and green card holders. Contact us today to learn more about our services.