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San Antonio K1 Visa Lawyer

What is a Fiance Visa?

The K1 Visa, also known as the fiance visa, is issued to the fiance of a US Citizen who plans to come to the USA to get married. Once you are married, your US Citizen spouse should apply for your Green Card (legal permanent residency) so that you may live permanently in the USA. The fiance visa is only used when the fiance who is not a US Citizen needs to come to the USA to get married. If the non-US Citizen is already in the USA, then the fiance visa is not necessary because applying directly for a Green Card would be more appropriate.

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    1. With the fiance visa you can live and get married in the United States; and

    2. Once you and your fiance are married, your US Citizen fiance will be able to apply for your Green Card. With the fiance visa, you will be able to live in the US while the Green Card application is being processed.

    The K1 Fiance Visa has 4 main requirements:

    1. You must be engaged to be married to a US citizen;

    2. You and your fiance must intend to get married in the USA;

    3. You and your fiance must be single, in other words, you can not apply for a K1 fiance visa to marry one person, if you are currently married to someone else;

    4. You and your fiance must have met each other in person, at least once within the last 2 years. Exceptions do apply to this requirement. If you do not meet this requirement and want to know if you can be exempt from this requirement, contact immigration attorney Gerardo Menchaca for a consultation.

    The application process for the K-1 Visa is a 2-step process. In step 1, USCIS must approve your fiance visa application. In step 2, USCIS forwards your approval to the US Embassy where your fiance will have the K1 visa interview.

    Step 1

    K-1 Document Checklist: The first thing our immigration attorney will do is provide you with a detailed checklist of the documents needed to prepare the fiance visa application. This checklist is the most important part of the application, because it lays out exactly what will be needed from you and your fiance to apply for the visa. Once you’ve provided us with the required documents, we will prepare and file the K1 application with USCIS.

    Step 2

    Just like in Step 1, our immigration attorney will provide you with a second tailored document checklist needed to prepare Step 2 of the K-1 Visa application. Once you’ve provided us with your documents, we will prepare and submit Step 2 of your K-1 Visa to the US Embassy in the home country of the fiance who lives outside the USA.

    K1 Visa Interview

    Once your application has been submitted, the fiance who is not a US Citizen will be scheduled for an interview at US Embassy. The purpose of this interview is to confirm that you and you fiance are truly engaged to be married and meet all the other K1 visa requirements. Prior to your K1 visa interview, our immigration attorney will schedule an appointment to help prepare you for the interview.

    The K1 Visa is a one-time use visa that expires 90 days after you use it to enter the country. You are required to get married within that 90-day window.

    There is no need to renew this visa because once you enter the USA with the fiance visa and you get married, then you will apply for a Green Card.

    1. How long does it take to get a fiance visa?

    A good estimate is 6 to 9 months starting from the time that the visa application was filed. However, the time can vary depending on your specific circumstances. So, the best thing to do is to schedule a meeting with Attorney Gerardo Menchaca to discuss your case and to get an estimate of how long your case will take. The second-best thing to do, is to avoid making wedding plans until your K1 visa has been approved.

    2. Can you work in the USA with a fiance visa?

    Yes, the fiance visa allows you to apply for a work authorization permit known as an EAD (Employment Authorization Document). To work, you need to apply for the EAD first.

    For more information Contact Our San Antonio Fiance Visa Lawyer

    To set up a consultation with our immigration lawyer to discuss the time, costs and other requirements associated the fiance visa application, please call (210) 858-9681.

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