Your Advocate For The Fiancé/Fiancée Visa Process
If your fiancé(e) is not a U.S. citizen, you have options under the K-1 visa program for bringing them to the U.S. The process is not simple, however, and not everyone is approved. Having a skilled immigration lawyer by your side to advocate for you can make a big difference in your future.
At Ayala Law Office, P.C., we take great joy in bringing loved ones together through the immigration process. Our experienced attorneys understand the U.S. immigration laws and how to make them work for you. We help clients throughout Pima County and the surrounding areas of Arizona.
Who Is Eligible For A K-1 Visa?
Not everyone can receive a K-1 visa. You must show the following:
- You, as the petitioner, are a U.S. citizen.
- You are both legally able to marry in the U.S. (i.e., not already married or any prior marriages terminated).
- You intend to marry within 90 days of your fiancé’s arrival in the U.S.
- You have met in person at least one time within the two years prior to filing your petition.
Both you and your fiancé will have to undergo security and background checks before approval. If you have concerns regarding any of these factors, please contact us to discuss your options.
The Process For Obtaining A Fiancé/Fiancée Visa
Your first step is to file your petition, which will set certain gears into motion, such as:
- The U.S. Customs and Immigration Services (USCIS) will review the form and documents you submit to determine that you have a legitimate relationship and are not simply getting married to obtain legal immigration status.
- USCIS may request further evidence of your relationship.
- USCIS will hopefully approve your petition at this stage and recognize your relationship. They then send their approval to the Department of State National Visa Center (NVC).
- The NVC contacts the U.S. Embassy or consulate office where your fiancé lives and will apply for the K-1 visa.
- They will then request an interview with your fiancé to determine whether they qualify.
- If granted, the K-1 visa is good for six months, but you must marry within 90 days of your fiancé arriving in the U.S.
The K-1 is a nonimmigrant visa. It only allows your fiancé to come to the U.S. for your marriage. After your marriage, however, they can apply for an adjustment to status to obtain a permanent resident green card and eventually citizenship.