K-1 Fiance Visa K1 Visa
Posted: Friday, November 28, 2008
by Vincent Martin
Cundy & Martin, LLC
By Minnesota Immigration Lawyers
I met someone in from another country, how do I bring him or her to America for marriage?
If you are a U.S. citizen, you can file a K-1 visa petition to bring your fianc to America for marriage. After you marry in the United States , he or she is eligible for a green card or lawful permanent residence.
Meeting online is quite common, but you must have also seen each other in-person within the last two years. It is better if you have seen each other multiple times within the last two years, but one meeting is the minimum requirement.
"What are the steps in bringing my fianc(e) to the United States ?"
For those of you who are ready to take the next step of bringing your fianc(e) to the United States for marriage, the following is a general overview of the process, agencies involved, and timeframe estimates.
The first step is to file a Petition for Alien Fianc(e) with U.S. Citizenship & Immigration Services (USCIS). This filing also includes a Biographic Information form (G-325A) for you and your fianc(e), as well as, one (1) color passport-style photograph each of you and your fianc(e), proof of your U.S. citizenship, and proof of your relationship (e.g. photos, letters, email, etc.). If either of you has been married in the past, you must file proof that the marriage has terminated.
"How long will it take?"
This is impossible to say because the processing times vary from month-to-month, depending on how busy USCIS and the consulates are. USCIS is currently taking 6 months to process Fianc(e) petitions, but the approval of the petition by USCIS is only the first step. If the petition is approved, USCIS then sends the case to the Department of State for transfer to the U.S. consulate in the country where your fianc(e) resides. It can take 2-4 months from the time that USCIS approves the petition until your fianc(e) is contacted by the U.S. consulate.
The consulate will eventually contact your fianc(e) and instruct him or her on how to file for the visa with the consulate, including the necessary police clearance certifications, medical examinations, etc. While your fianc(e) may begin gathering personal documents such as a birth certificate, passport, etc., he or she should not undergo the medical examination or acquire the police certificate until instructed by the consulate as these items are time sensitive and if acquired too soon, may expire by the time of the interview.
"What happens at the visa interview?"
At the visa interview, a consular officer will question your fianc(e) about your relationship as well as any other issues that may arise as part of the consulate's investigation of your fianc(e) (e.g. criminal history, immigration violations, etc.). If the consulate's investigation leads it to believe that there is any kind of fraud, your case will be delayed indefinitely. Fraud issues can range from the consulate's suspicion that your fianc(e) is perpetrating a fraud on you (the petitioner) such that he or she does not intend to stay with you but only desires to use the visa to enter the country and then abandon you, to identity issues with your fianc(e) (e.g. your fianc(e) cannot provide proper proof of his or her identity). Whatever the reason, if fraud is suspected, you can expect to add months to the processing time.
Once your fianc(e) gets the K-1 Fianc(e) visa, he or she generally has 4-6 months to travel to the United States . Once your fianc(e) enters the United States , you must marry within 90 days. After you marry, your fianc(e) is eligible to file for permanent residence (green card).
"What if the consulate denies the visa?"
If the consulate denies the visa, the next step will be determined by the reason for the denial. Generally, the consulate will return the case to USCIS in the United States . USCIS will contact you to inform you of the consulate's decision and sometimes give you the opportunity to respond, but this process takes very long. A denied visa that one seeks to "appeal" can take a year or more to pursue.
You may reach Vincent Martin at: (952) 746-4111, email: vmartin@cundyandmartin.com or through his web site at www.cundyandmartin.com .
Disclaimer : Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.
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Top-level comments on this article: (3 total)Hi Vincent,My brother is engaged to a gal from the Philippines and has gone over to meet her and her parents. They are planning on getting married here next year. Do these conditions apply to citizens from the Philippines as well?Thanks,StarStar,Yes. Your brother may use the Fiance Visa process for his fiancee in the Philippines. There are no particular country restrictions for the Fiance Visa.If you or your brother have further questions, please feel free to contact me further. I have handled countless Fiance Visa cases and would welcome the opportunity to assist.Sincerely,Vincent Martin
Confusing article that does not address any specific issues.
Good information but sounds complicated. Not as easy to do as I thought.
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