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Fiance Visa Attorney
Unite a U.S. Citizen With a Foreign Fiance
Allows U.S. Citizens to Bring Over a Foreign Fiance.
Not Country Specific
The Foreign National Spouse Can Be From Any Country.
Must Lead To Marriage
Upon Arrival The Fiance Must Marry the U.S. Citizen Petitioner.
Congratulations! You found someone you love and wish to marry! … And they live overseas! Now What? A skilled immigration attorney can help you obtain a Fiance Visa so that you and your loved one can marry in the United States!
What is a Fiance Visa?
A Fiance Visa, also known as a K-1 Visa, allows a foreign individual – who is engaged to a U.S. Citizen – to enter the United States for the purpose of marrying the U.S. Citizen and later obtaining a green card.
This Visa is normally obtained for couples where the foreign fiance is not in the USA and does not have a U.S. Visa or Visa Free Travel. Brevard County and Orlando Immigration Lawyer Mario Musil can assist you with obtaining this visa for your fiance!
What is needed for a K-1 Visa?
- The person making the request for the visa must be a U.S. Citizen. A green card holder cannot apply for their fiance.
- The couple must intend to marry and should actually marry within 90 days of the foreign fiance entering the U.S.A.
- This may be obvious, but neither person can already be married. All prior marriages must be concluded with a valid divorce.
- The couple must have met in person in the past two years, unless a religious or other exemption is obtained.
- The U.S. Citizen petitioner must be able to financially sponsor the fiance or obtain a co-sponsor.
What Documents Do I need for a Fiance Visa?
□ Birth Certificates of:
□ US Citizen (Include Certificate of Naturalization or Proof of US Citizenship if born outside of USA)
□ Immigrant Fiance
□ Copy of passports / visas of foreign Fiance
□ Prior Marriage Licenses and Divorces
□ US Citizen
□ Immigrant Fiance
□ Any records of prior criminal arrests.
□ US Citizen
□ Immigrant Fiance
□ Past 3 Tax Returns and W2’s or 1099s of US Citizen ( Of Co-Sponsor if one)
□ Pay Stubs from current Employment of US Citizen
□ 2 Passport Photos of Each person.
□ Photos of Couple together – i.e. trips, meetings, etc.
□ Letter of Intent to Marry From Fiance.
□ Affidavits of relationship and/ or documents showing relationship:
Hotel and plane ticket receipts, movie or concert tickets, e-mails, phone records, etc.
An experienced immigration lawyer can assist you in determining which documents are specifically needed for your case.
How Much does a Fiance Visa Application Cost?
- USCIS Fiance Visa Fee: $535.00
- State Department Fiance Visa Fee $265.00 – Can Fluctuate
- Fiance Visa Physical – Generally between $150.00 – $350.00
After the Fiance enters the United States, gets married and applies for Adjustment of Status, there will be additional Immigration Fees:
- USCIS Adjustment of Status Fee: $1,140.00
- USCIS Biometrics Fee : $85.00
How long does a Fiance Visa take to obtain?
The processing times may vary depending on the country of origin of the fiance and the current workload of the various immigration departments involved. However, most fiance visas should be processed in a bout 6-9 months.
Six to Nine Months is a Long Time. Are There Other Options?
Depending on your particular situation, your fiance may be able to enter with a different visa or without a visa and later adjust her status to obtain a green card. Feel free to contact us to discuss this possibility further.
Can a Fiance Bring His or Her Children?
Yes, the unmarried and under 21 years old children of your fiance can follow their parent to the United States and also obtain a green card after the marriage takes place.
Can Same Sex Couples Apply For Fiance Visas?
Yes, same sex couples are eligible to apply for fiance visas.
Can Fiances work or study in the U.S.A.? When Can a Fiance Work in the USA?
Yes, a fiance can petition for a Work Authorization allowing them to work and study while they wait for their green card to be approved. Normally, the work permit is issued within 90 days of applying for it. It is generally submitted with the application to adjust status.
Do I need a Fiance Visa Attorney?
Although you may be able to prepare the petitions and go through the process on your own, submitting the petition incorrectly can lead to a denial that may have other consequences in the future. Not knowing all of the nuances involved can prolong the process and sometimes lead to minor children aging out. The process involves working with multiple agencies, including U.S. embassies that are very difficult to communicate with. An experienced Immigration Lawyer can guide you through the entire Fiance Visa process and help ensure a successful outcome at the initial visa process as well as the subsequent adjustment of status. Contact a Fiance Visa Attorney today. Attorney Mario Musil handles Fiance Visa cases in Melbourne, FL, Viera, FL, Orlando, FL and throughout the United States.
Can a Fiance Visa Be Denied?
Yes, it is possible for an incorrectly filed Fiance Visa Application to be denied. Also, applicants and petitioners with criminal and complex immigration backgrounds could see complications in their petitions. This is why it is important to have a competent Immigration Lawyer handle a Fiance VIsa petition from beginning to end.
Can a Fiance Visa be extended?
Generally, no, a Fiance must marry within 90 days of arriving – this time period cannot be extended.
When can a Fiance Visa Applicant Apply for US Citizenship?
After a a Fiance enters the US, they must marry and apply for adjustment of status. Once that process is done, the fiance will receive a two year green card. The green card must then be renewed (conditions removed). After three years of being a green card holder, the former fiance can petition to naturalize and become a US. Citizen. A Melbourne, FL Immigration Lawyer can help with the Naturalization process.
Can you expedite a Fiance visa?
No, unless there is a dire humanitarian reason, generally a Fiance Visa petition cannot be expedited. Speak to a Melbourne, FL Immigration Lawyer to determine if your immigration situation would be case that could qualify for an expediting request.
Can you Travel with a Fiance Visa?
Generally, the Fiance Visa is a one time entry visa – meaning that it cannot be used to leave the US and come back. Once the fiance Visa Arrives they should get married as soon as possible and file for adjustment of status – part of which should be a travel permit and work permit application. A Fiance Visa Lawyer can assist you in this process.
Which is faster, a Fiance Visa or Spousal Visa?
Generally, the Fiance Visa will be slightly faster, so if your goal is to be together in the USA as soon as possible, the Fiance Visa is the better option. However, the spousal visa has its benefits, including the fact that a spouse that arrives with a spousal visa (Permanent Residence) is permitted to be employed basically right away. A Fiance Visa Lawyer can assist you in determining which process is best for you and your family.