Orlando Fiancé(e) Visa Attorneys

Step-by-Step Guidance Through the K-1 Visa Process

Planning a marriage is a life-defining experience, but it can get complicated when one partner lives outside of the country and is not yet a U.S. citizen.

Fortunately, fiancé(e) visas, also known as K-1 nonimmigrant visas, provide a pathway to immigration for foreign nationals living outside of the U.S. to enter the country and marry a U.S. citizen, without needing to apply for permanent residency. If foreign spouses have minor children, those children can also accompany their parents to the U.S. with K-2 nonimmigrant visas. 

At Brown Immigration Law, our Orlando fiancé(e) visa immigration attorneys help clients navigate the K-1 visa process to grow their families and establish roots in the U.S. With decades of experience handling matters of family-based immigration, we can evaluate your eligibility and assist in completing all necessary forms to make your marriage plans a reality.

Planning a marriage in the U.S.? Our Orlando K-1 visa lawyers can help. Call (321) 701-2882 or contact us online.

What is a Fiancé(e) Visa?

A K-1 visa is a nonimmigrant visa designed for the fiancé or fiancée of a United States citizen. 

This visa allows the foreign-born fiancé(e) to enter the United States for the purpose of getting married within 90 days of arrival. Once married, the foreign-born spouse can then apply for adjustment of status to become a lawful permanent resident (green card holder).

When Would I Need A K-1 Visa?

Generally, the K-1 nonimmigrant visa benefits couples with the following circumstances:

• One partner is a U.S. citizen;
• The other partner is not a U.S. citizen; and
• The non-U.S. citizen resides outside of the United States.

You would need a K-1 visa if you are engaged to marry a U.S. citizen and plan to reside in the United States after marriage. This visa is specifically tailored for individuals who intend to marry their U.S. citizen fiancé(e) and establish permanent residency in the United States shortly after their arrival.

While K-1 visas are an excellent option for soon-to-be-spouses looking to marry on U.S. soil, it may not be an option for other couples. Partners who are already married and green card holders seeking citizenship, for example, may need to explore other family-based immigration options, including immediate relative visas (including K-3 visas) or family sponsored preferences.

Requirements for Obtaining a K-1 Visa

To qualify for a K-1 visa, you must meet the following requirements:

• Eligible Relationship: You and your fiancé(e) must have a genuine intention to marry within 90 days of the fiancé(e) entering the United States.
• Proof of Relationship: You must provide evidence of your relationship, such as photographs together, communication records, or evidence of visits.
• Financial Support: The U.S. citizen petitioner must demonstrate the ability to financially support the fiancé(e) upon arrival in the United States.
• Medical Examination: The fiancé(e) must undergo a medical examination by an approved physician to ensure they meet the health requirements for entry into the United States.
• No Legal Barriers: Both parties must be legally eligible to marry, meaning they are not currently married to anyone else and meet the legal age requirements.

Individuals who obtain K-1 visas are also required to complete their marriage within 90 days of their arrival in the U.S. Failing to marry within this 90-day period can result in losing visa status and being subject to removal and deportation. 

The K-1 Visa Process 

The process of applying for and obtaining a K-1 visa involves several steps. These include:

1. Filing the Petition: The process begins with the U.S. citizen petitioner completing and submitting Form I-129F, Petition for Alien Fiancé(e), to USCIS. This form provides information about the petitioner, the fiancé(e), and the intended marriage.
2. Case Processing: Once USCIS receives the petition, it is reviewed to ensure all necessary information and supporting documentation are included. If it meets requirements, it is approved and forwarded to the National Visa Center (NVC) for further processing.
3. Consular Processing: Upon receiving the approved petition from USCIS, the NVC transfers the case to the U.S. embassy or consulate in the fiancé(e)'s home country. The embassy or consulate then schedules an interview with the fiancé(e).
4. Interview: During the interview at the U.S. embassy or consulate, a consular officer will evaluate the bona fides of the relationship and assess the fiancé(e)'s eligibility for the K-1 visa. The fiancé(e) should be prepared to answer questions about their relationship, intentions, and background.
5. Visa Issuance: If the consular officer approves the visa application, the fiancé(e) will receive the K-1 visa, typically affixed to their passport. This visa allows them to travel to the United States and proceed with their plans to marry their U.S. citizen petitioner.
6. Entry into the United States: Upon arrival in the U.S., the fiancé(e) must present the K-1 visa at the port of entry. They are then granted entry into the country and have 90 days to marry the U.S. citizen petitioner. After the marriage takes place, the fiancé(e) can begin the process of adjusting their status to that of a lawful permanent resident (green card holder).

Orlando K-1 Visa FAQ

How Much Does a K-1 Fiancé(e) Visa Cost? 

The cost of a K-1 visa includes various fees, such as the filing fee for Form I-129F, medical examination fees, and visa application fees. As of 2024, the total cost typically ranges from $1,000 to $2,000. 

What Documents Do I Need for a K-1 Visa? 

Documentation helps support your petition and aids in the efficient processing of your case. When preparing for the process, gather the following:

• Proof of Identity: Provide copies of your valid passport and any previous U.S. visas.
• Evidence of the Relationship: Include photographs of you and your partner together, travel itineraries, communication records (such as emails, letters, or chat logs), and any other documentation demonstrating the genuineness of your relationship.
• Police Certificates: Obtain police certificates from any country where you have lived for six months or longer since turning 16. These certificates demonstrate that you have no criminal history or provide information about any criminal convictions.
• Financial Documents: The U.S. citizen petitioner must submit evidence of their ability to support the fiancé(e) upon their arrival in the U.S. This may include recent tax returns, employment verification letters, bank statements, or affidavits of support (Form I-134).
• Medical Examination Report: Schedule and undergo a medical examination by a designated physician. The results of this examination will be submitted directly to the U.S. embassy or consulate as part of the visa application process.
• Form DS-160: Complete Form DS-160, Online Nonimmigrant Visa Application, which collects biographical information about the fiancé(e) and their intended travel to the U.S.
• Additional Documentation: Depending on the specific circumstances of your case, you may be required to provide additional documentation, such as divorce decrees or death certificates if either party has been previously married.

The specific requirements for documentation may vary depending on the consulate or embassy processing the visa application. Our attorneys at Brown Immigration Law can help you assess whether there are any additional requirements based on the country of origin and current laws.

How Long Will it Take to Get a K-1 Visa? 

The processing time for a K-1 visa varies depending on factors such as the workload of the USCIS and the embassy or consulate where the application is processed. On average, the process can take anywhere from 6 to 12 months.

What Can Delay the K-1 Visa Process? 

Several factors can cause delays in the K-1 visa process, including incomplete or inaccurate documentation, requests for additional evidence from USCIS or the embassy, background checks, and administrative processing.

By working with an experienced Orlando K-1 visa lawyer, you’ll have the support and insight needed to promote efficiency and avoid mistakes that can cause delays. This includes having help to complete all forms accurately and completely, schedule important interviews and appointments, and gather all the necessary information and documentation. 

Do I Need a Lawyer for a K-1 Visa?

Successfully obtaining a K-1 visa allows partners to embark on marriages and new lives. But because the U.S. immigration process can be quite complex – both for U.S. citizens and foreign nationals alike – there are many hurdles and potential pitfalls along the way.

At Brown Immigration law, our team helps clients navigate the fiancé(e) visa process step by step, providing personalized support to:

• Evaluate eligibility for a K-1 visa or another family-based immigration visa.
• Accurately complete and submit all necessary forms, including Form 1-129F.
• Gather and submit supporting documentation.
• Resolve any delays and complications as they arise. 
• Support for seeking K-2 visas for children, when necessary.
• Apply for permanent residency / green card after marriage.

Call For a Consultation: (321) 701-2882

Brown Immigration Law is comprised of award-winning and highly experienced attorneys who are passionate about helping families begin their journeys together in the U.S. We focus solely on immigration law and have the insight to provide comprehensive support for all types of family-based visas and all your immigration needs.

To speak with an Orlando K-1 visa lawyer, call (321) 701-2882 or schedule an appointment online.