Call us to schedule a consultation. Gerardo Menchaca
Attorney at Law
Tel. 210-535-0151 gm@ImmigrationAttorney.us.com
$250.00 to start application process.
Payment plans are available.
Office in San Antonio, Texas.
What is a Fiance
Visa (K-1 Visa)?
A Fiance Visa, also known as the K-1 Visa, is visa given
to foreign citizens who plan to enter the US to get married to a US
Citizen.
The K1 Visa allows a US Citizen to invite their fiance
into the USA for 90 days. During these
90 days, the US Citizen and the fiance must either marry each other or the
fiance must return to his/her home country.
Legal Permanent Residents (Green Card holders) of the USA
are not eligible to file a K-1 visa application for a foreign fiance.
Fiance Visa Requirements
Applicant must be a USA citizen
The US Citizen and the fiance are both legally free to marry
The US Citizen and the fiance must have met in person within
the previous two years (cultural exceptions are permitted)
The US Citizen and the fiance must both have the intention to
get married within 90 days of the arrival of the fiance to the USA.
STEP 1
Application
with U.S. Citizenship and Immigration Services (USCIS)
First, the US Citizen must apply for a fiance visa with
USCIS. This process requires that the US Citizen
file numerous forms and supporting documents with the USCIS in order to prove
that the US Citizen and the fiance qualify for the K-1 Fiance Visa.
Fiance Visa Processing
Time
The K-1 Visa processing time with USCIS (Step 1) is 3 to
4 months on the average, but can take anywhere from two weeks to seven months. The time factor mostly depends on the number
of K1 visa applications that need to be resolved before USCIS gets to your
application. But the biggest delays are
caused by errors in the petition documents. Form
I-129 application errors usually double the normal waiting time for the fiancee
visa approval.
STEP 2
U.S.
Embassy / Consulate Phase
After Step 1 is approved, your K-1 visa application is
then reviewed by the US National Visa Center. The National Visa Center conducts
a background check on the fiance.
Then, your K-1 visa application is forwarded the U.S.
Embassy or Consulate where the fiance will be interviewed.
Prior to the fiance interview, the fiance will
receive instructions to undergo a medical examination at a designated local
clinic. These instructions will also provide
a list of documents and forms that need to be presented at the fiance interview
with an US Consular Official.
If the
paperwork is all correct, and there are no problems in the interview, the visa
will be issued within 1 to 7 days after the interview. With the visa in hand, the fiance may enter
the USA.
A Fiance Visa is a temporary visa, but it can be converted
to a permanent visa after the couple is married in the U.S.
Once married, the U.S. Citizen must apply for
conditional permanent residence status for his/her new spouse. A few months later the married couple is
called for an interview with a USCIS officer.
If the fiance interview goes well, a two year conditional permanent
residence card is issued to the fiance.
One
year and nine months after the conditional permanent residence card is issued
by USCIS, the couple may apply to remove the condition and obtain a 10 year
permanent residence card (also known as Green Card). Thereafter, the foreign spouse needs to wait only
three years after the Green Card is issued to become eligible to apply for US
Citizenship.
To apply for a K-1 Fiance visa for your loved one, call to schedule a consultation.
Gerardo Menchaca
Attorney at Law
206 East Locust Street San Antonio, Texas 78212 Tel 210-535-0151 Fax 1-866-408-0986 gm@ImmigrationAttorney.us.com
2008 Copyright. Gerardo Menchaca All Rights Reserved.