Petitioning the United States Citizenship and Immigration Services for a K-1 Fiancé Visa is another option found in certain immigration scenarios.  At its simplest, a K-1 visa is issues to the fiancé of a U.S. citizen, so that the fiancé can legally enter the United States in order to get married.

The process can be quite lengthy and can be a bit complicated.

  1. The U.S. citizen my first file a petition to have the foreign citizen acknowledged as their fiancé.
  2. The USCIS will conduct a thorough background check on the fiancé and require documentation the the relationship is bona fide, or legitimate.
  3. If approved, then the foreign fiancé will be allowed to file an application for their visa and provide necessary documentation, take a medical exam, and interview with the U.S. Consulate located in their home country.
  4. If approved, the foreign fiancé will be allowed to travel to the U.S., but will have to undergo inspection at their point of entry.
  5. If granted entrance into the U.S., then the foreign fiancé has up to 90 days to marry the U.S. citizen who initiated the process, or leave.

Once the marriage has been finalized, then the couple may petition for a conditional permanent residency status for the foreign spouse. You can read more on this topic by visiting our Marriage-Based Green Cards.

Due to the amount of time and necessary documentation, it can be beneficial to have an attorney at your side to ensure that everything is properly filled, and filed on time. Errors in filing can cause, at best, a delay in the visa application, but at worst, a denial.