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Fiancé Visa

K-1: Fiancé, Spouse Visa Attorney Chicago

Perhaps you met while vacationing, or while he or she was vacationing here in the U.S. Or maybe you are one of the millions of people who have met and fallen in love initially over the web. Whatever your unique and special story involves, you are now at a frightening (and maybe already frustrating) cross-road: You have to navigate a very complex body of law, administered by not-so-helpful government agencies. Hiring a competent immigration attorney can be a smart way to help yourself reunite with your fiance.

The fiance visa is generally the fastest way of bringing your future spouse to the United States. As strange it seems, it is even faster than first marrying and then applying for your spouse's green card and having it issue abroad. Processing times vary, but in most instances, you should expect the process to take 5-8 months from the filing date to the issuance of the visa at the U.S. Consulate. Processing times for the petition in the U.S. usually take 3-4 months, and processing time at the consulate level vary from one part of the world to another; generally, that part of the case will take 2-4 months.

Not everyone is eligible for a fiance visa, of course. The law requires the following elements for a fiance visa to be approved and issued.

Fiance Visa Requirements

The primary requirements to qualify for a fiance visa are:

  • The Petition must be a U.S. citizen. Permanent residents can not file a petition;
  • You have been with-that is in the physical presence of - your fiance within the past two years;
  • Both parties are legally permitted to marry
  • Both parties have the bona fide to marry within 90 days of the K-1 visa holder's arrival in the U.S.;
  • The Petitioner's income must exceed 125% of the federal poverty guidelines. These figures can be found here: https://aspe.hhs.gov/poverty/06poverty.shtml
  • International Marriage Broker Regulation Act of 2005 ("the Act") took effect on March 6, 2006, and imposes two new restrictions on multiple K-1 visas. (1) A petitioner must wait two years from the filing of a prior K-1 visa until a second K-1 visa may be issued, and (2) A petitioner is barred from obtaining fiance(e) visas for more than two foreign nationals. A waiver based on a showing of "extreme hardship" is possible in such cases, although not if a petitioner has a record of violent criminal offenses. "Record" is explicitly not restricted to criminal court records. A database will be maintained by the Department of Homeland Security to track multiple fiance(e) and spousal visa petitions.

Process

The process itself can be broken down into three steps. They are, (1) filing the petition with the U.S. Department of Homeland Security's U.S. CIS Division, (2) Completion and submission of the U.S. Consular Packet, and (3) the Issuance interview abroad. Each step is discussed below.

STEP ONE: Submitting the Fiance Visa Petition and Evidentiary Packet

The fiance visa process begins with the submission of the petition to the proper U. S. CIS Regional Service Center. The forms include Form I-129F, and G-325 Biographic Information Sheets for you and your spouse. The petitioning process is, however, much more than just forms.

Our submission packets often total more than 75 pages of materials in support of the case. Proof of the bona fide nature of the relationship is important, as is a detailed and descriptive affidavit of the petitioner. That affidavit, if properly written, will meet all of the statutory requirements so that the case can be approved after it is first reviewed by the U.S. CIS officer. Very often, this does not occur, because a submission is missing one or more elements of what the statute requires. In those cases, the government mails a Request for Additional Evidence, explaining what was missing and what must be submitted to avoid a denial. These requests often cost you valuable time in being reunited with your fiance.

STEP TWO: The Visa Application Packet Issued by the U.S. Consulate

The U.S. CIS will forward your approved petition to the Department of State's National Visa Center. It will conduct a background check on the foreign national, using a variety of data bases to ferret out people who mean to do harm in the United States. When the background check is completed, the petition is forwarded to the embassy or consulate that has jurisdiction over the fiance's petition. The embassy will then issue an application packet that must be properly completed and submitted with a variety of documents. Getting timely and updated advice with this step is crucial to assure that the case continues towards a visa issuance interview as quickly as possible.

STEP THREE: The Issuance Interview

Completing steps one and two in an organized, professional manner lays the groundwork for a routine interview. Nonetheless, the interview itself is a stressful endeavor, because your future together depends on an approval. It is important to understand what to expect, and to be adequately counseled on any possible problems before the interview takes place.

The visa itself is usually issued and implemented in the foreign national's passport the same day as the interview. Some posts do not follow that procedure, and instead have it ready for pickup with a week. Once it is issued, your fiance will be able to travel immediately to the United States.

You must become legally married to your fiance within 90 days of her arrival in the United States. He or she must file to adjust her status (under Section 245 of the Immigration and Nationality Act) within one year of the marriage. That process is separate and distinct from the fiance visa process, and is explained on this site under marriage-based visas.

The volume of information and interplay of laws and government agencies involved with the fiance visa process make it a daunting process for the layperson. While there is no legal requirement that you utilize the services of an attorney, our clients categorically report that the money they spent on this process that is critical to their future, was money well spent. The law allows our office to represent petitioners in every state, and have worked with foreign nationals from more than 110 countries (provide link). We welcome your inquiries about our services and the process you are contemplating.