Engagement is a very exciting time in people’s lives. You’re preparing for one of the happiest days of your life. You’re about to spend the rest of your life with the person you care about most. During this stage of life, you want to have your fiancé by your side. While undergoing wedding preparations, it’s important to make both of you happy. However, these times can be difficult for some couples. If both individuals are not citizens of the United States, they have to find a way to live together in the country. In order to do so, engaged couples have the option to apply for a visa for the non-resident fiancé.
For your fiancé’s entry into the United States, you may apply for a K-1 visa. If this is granted, you will need to marry within 90 days of your fiancé’s entrance. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days. Once you two are officially married, your new spouse can apply to adjust their status. They may be able to become a lawful permanent resident of the U.S.
What is required for a K-1 visa?
In order to be granted a K-1 visa, there are specific requirements that each couple has to meet. The couple must have met one another at least within two years prior to filing for the visa. To prove this, you must provide evidence. This evidence can be in the form of photographs featuring you two, copies of correspondence, evidence of financial support, phone records and more. The main goal here is to prove that you two have known each other for that period of time. If you cannot provide this evidence, the petition may not get approved.
Another step involves background checks. Each individual must undergo a background check that monitors their fingerprints and names. Authorities have the right to ask for additional evidence when documenting the relationship. Other requests might include an income evaluation. This evaluation is to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. Through this evaluation of income, it will ensure that the petitioner can meet the income requirements to support both parties.
What happens when my petition gets approved?
When the petition gets improved, the process is not yet completed. The approval of a petition does not guarantee that a visa will be granted. Once the petition is approved, the fiancé has to go through a medical examination and an interview. The time for this process varies greatly, but may be around eight months long.
An attorney can help you and your fiancé complete all the necessary paperwork and attach applicable evidence. They can even file the petition for a K-1 visa on your behalf. It is best to speak to a legal professional to ensure you have a smooth process and can allow for your fiancé to enter the country sooner.
The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.
