Do I need to hire an attorney to apply to bring my Fiancé to the U.S. with a K-1 Visa?
No! You can apply without an attorney. However, many applicants run into issues by making simple mistakes, or not understanding how a wide range of topics may impact an application. As a result having an attorney support your journey can be invaluable giving you security everything is being done correctly.
What are the steps for legally bringing my Fiancé to the U.S. with a K-1 Visa?
1. File I-129F Petition with USCIS, this is the step where you will provide appropriate evidence to prove to USCIS that you and your fiancé meet the requirements.
2. Applying for a Visa, after your USCIS petition is approved USCIS will notify the National Visa Center (NVC). Once a case is created by NVC, your fiancé will be able to apply to the Department of State with a DS-160, Online Nonimmigrant Visa Application along with required documentation.
3. You and your fiancé must be married within 90 days of your fiancé’s arrival in the U.S., and then file appropriate applications for an Adjustment of Status.
What are the basic requirements to qualify for a Fiancé K-1 Visa?
- You must be a U.S. Citizen.
- You and your fiancé must intend to marry each other within 90 days of your fiancé entering the U.S as a K-1 nonimmigrant.
- Both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
- You and your fiancé are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment)
- You and your fiancé met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can meet the requirements. (Attorney consultation is recommended if you think you may meet one of these requirements.)
What factors may impact my Fiancé K-1 Visa petition?
Your petition may be impacted negatively by any arrests, charges, convictions, or plea deals by you or your fiancé, financial ability to provide for your fiancé with a solid history of earnings and filed tax returns, not meeting your fiancé, and/or failure to submit appropriate documentation.
As a U.S. citizen, or lawful permanent resident, in a same-sex engagement to a foreigner can I sponsor my fiancé for a Visa to come get married in the U.S.?
Yes! As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.
Will USCIS only consider the information I provide them in filing my Petition?
No! USCIS can and will review all information they can discover including results of full background checks, reviewing social media, and other avenues to verify information is correct.
Can I apply for a K-1 Visa if I have not met my Fiancé in person?
Yes, in limited circumstances you may be able to still apply.
In general if you can show that meeting in person would: either violate strict and long-established customs of your, or your fiancé’s, foreign culture or social practice; OR Result in extreme hardship to you, the U.S. citizen petitioner you may be able to apply.
However, due to the intricacies of this it is best you contact a licensed immigration attorney to find out if you meet the requirements for an exception to the meeting requirement. Contact Julianne for a consultation to find out if you qualify!
Can my Fiancé’s children come to the U.S. with my Fiancé?
In general if your fiancé has a child, or children, who is/are under 21 and unmarried, the child/children may be eligible to come to the U.S. on a K-2 nonimmigrant visa. Keep in mind you must include the names of your fiancé’s children on Form I-129F.
After my Fiancé arrives in the U.S. on a K1 Visa what is next?
Once your fiancé arrives in the U.S. on the K-1 Visa, you must be married within 90 days then your fiancé needs to apply for his/her I,485, Application to Adjust Status and I-765, Application for Employment Authorization along with an I-864, Affidavit of Support and a I-693, Report of Medical Examination and Vaccination Record completed by an approved Civil Surgeon.
Is it very expensive to hire an attorney to represent me and my fiancé with our K1 application?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is in a range from $2,950.00 to $3,950.00 for full representation depending on your individual circumstances, this does not include presence at Interviews. It is also possible to hire Ms. Kinsey per each Step one at a time.
If I hire an immigration attorney for my K-1 Visa application does the attorney need to live in my state?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is a K-1 Visa Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything related to your fiancé K1 Application.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
