Do You Need a K1 Visa Lawyer?
The K1 visa, also known as the fiancé visa, allows a U.S. citizen to bring their foreign fiancé to the United States and get married.
However, the process isn’t without its challenges.
At Albizu Law Firm, our immigration attorneys can ease your burden and provide a smooth process for your petition.
This guide will explain everything you need about the K1 visa application process and the benefits of working with a K1 visa lawyer.
Table of Contents
What Is a K1 Visa?
A K1 visa is a non-immigrant visa that allows a foreign national fiancé of a U.S. citizen to enter the United States to get married.
The couple must wed within 90 days of the fiancé’s arrival. After marriage, the fiancé can adjust their status to be a lawful permanent resident and get a conditional green card.
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When Do You Need a K1 Visa Lawyer?
- Complex Relationship Histories: If your relationship involves unique circumstances, such as long-distance dating or language barriers, a K1 visa lawyer can help prove your relationship’s legitimacy.
- Criminal History: If either partner has a criminal record, a K1 visa lawyer can assess how that might impact the petition and work to address any concerns.
- Previous Visa Denials: They can review your previous applications and ensure your current petition avoids the same mistakes.
- Financial Qualifications: They can help petitioners prove they can financially support their fiancé.
Even if none of these scenarios apply to you, working with a K1 visa lawyer means that all your i’s are dotted, and t’s are crossed. Historically, those who use an immigration lawyer have a much higher rate of success.
K1 Visa Requirements
- You can sponsor a K1 visa if you are a U.S. citizen.
- Before filing the petition, you’ve met your fiancé at least once within the past two years.
- You can prove a bona fide relationship with your fiancé, including photos, travel records, or receipts to prove the legitimacy of your relationship. Exceptions can be made for cultural or religious practices, but these cases require compelling evidence.
- Both you and your fiancé must be legally single. If either party was previously married, you must provide proof of a finalized divorce, annulment, or death certificate of the previous partner.
- The U.S. citizen petitioner must prove they have the financial means to support their fiancé at 125% of the federal poverty guideline level. Evidence may include tax returns, pay stubs, or a job offer letter.
- You aren’t convicted of a crime.
A K1 visa lawyer offers valuable insights into what you need before bringing your future partner to the U.S. If you still have doubts about whether or not you or your fiancé qualify for a fiancé visa, reach out to Albizu Law Firm, and we will help you determine your eligibility.
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A K1 Visa Lawyer’s Guide to the Fiancé Visa Application Process
1. Submit form I-129F and Supporting Documents with USCIS
Your lawyer will help you file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS).
To support your petition, you must provide evidence of a bona fide relationship with your fiancé, including photographs, travel records, correspondence, and financial documents.
2. USCIS and NVC Review Your Application
After USCIS receives your visa packet, they will send your application and supporting documents to the National Visa Center (NVC), where it will be processed for evaluation.
3. K1 Visa Interview
4. Receive the Visa and Travel to the U.S.
Once approved, your fiancé will receive their K1 visa and can enter the U.S. to get married within 90 days.
5. Adjustment of Status
After marriage, your K1 visa lawyer can help you file Form I-485 (Application to Register Permanent Residence or Adjust Status) and obtain a conditional green card.
How Long is the Processing Time for a K1 Visa?
One of the most frequently asked questions is how long it takes for USCIS to process K1 visas. Generally, the timeline is as follows:
- Form I-129F Processing: 6-9 months
- NVC and Embassy Processing: 1-2 months
- Visa Interview to Approval: 1-2 weeks
Total processing time averages 8-12 months. The timeline may take longer if the USCIS office you submitted your petition to has any backlogs and the amount of workload they have. A K1 visa lawyer can help you avoid delays by helping you complete all forms and documents correctly.
