Tampa Fiancé(e) Visa (K-1) Attorney
A fiancé(e) visa, technically known as a K-1 visa, enables someone engaged to a U.S. citizen to enter the U.S. to get married. After the wedding, the new spouse can apply for a green card.
If you are engaged and reviewing your options, our experienced immigration attorney at American Dream® Law Office can help you determine whether a K-1 visa suits your circumstances. He can assist with the application process to ensure that requirements are correctly fulfilled to help avoid delays or denials.
Our team has handled hundreds of visa applications for clients across Florida and the U.S. Our attorney has gone through the immigration process and understands your worries, concerns, and confusion due to the complexities of U.S. immigration law.
Find out how we can help by consulting with our Tampa fiancé(e) visa lawyer. Phone us at (813) 499-1250 to get started today.
Eligibility for a K-1 Visa
The first step in the process is determining if you qualify for a K-1 fiancé(e) visa. These visas are available to same-sex couples, even if the laws of the foreign fiancé(e)’s home country do not recognize same-sex marriage.
Eligibility requirements include:
- One spouse must be a U.S. citizen who meets specific income requirements
- Both partners must be unencumbered by prior marriages (and have proof of divorce, etc.)
- The couple must have evidence to prove the legitimacy of their relationship
- Both partners must sign a statement displaying an intent to marry no later than 90 days after the foreign fiancé(e) enters the U.S.
- The couple must prove they have been together in person at least once within the past two years. (Exceptions may be made for extreme hardship or where meetings violate cultural norms)
Because of the difficulties posed by COVID restrictions in recent years, USCIS may be more likely to waive the requirement for an in-person meeting. Our immigration lawyer can help you and your fiancé(e) prepare documentation to show that your relationship is genuine and that you meet all qualifications for a K-1 visa.
The Application Process for a Fiancé(e) Visa
The process begins with the U.S. citizen partner filing a petition Form I-129F with U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by evidence showing the couple meets the requirements.
Missing information could cause delays. Any information that appears to involve potential fraud could cause an application to be denied, negatively impacting future immigration efforts. Therefore, we recommend that you work with our experienced immigration attorney throughout the process to avoid mistakes.
After USCIS approves the petition, the case is transferred to the U.S. State Department, which will schedule an interview in the foreign fiancé(e)’s home country. At that point, the fiancé(e) must fill out the formal visa application, submit additional documentation, and prepare for the interview. About six weeks later, the interview typically takes place at the U.S. embassy or consulate in the foreign fiancé(e)’s home country.
Is a K-1 Visa the Best Process for a Foreign Fiancé(e)?
A K-1 visa is only good for 90 days and is only available to fiancé(e)s of U.S. citizens rather than green card holders. This makes sense for couples in certain situations.
For others, it might be better to marry abroad and apply for a permanent spousal visa through the consular process. The choice depends mainly on your current living situation and plans for the near future.
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