Finding love is an amazing thing, but long distance can be challenging. If you are engaged but your spouse is not a United States citizen, it is natural to wonder what your options are in terms of immigration. You and your partner can apply for a K-1 visa to allow your fiancé to enter the country. Speak with a fiancé K-1 visa lawyer in New York City to learn more about your options.
What is a K-1 Visa?
A K-1 visa, also known as the fiancé visa, is a legal document that allows the foreign fiancé of a United States citizen to enter the country. The U.S. citizen acts as a sponsor for their soon-to-be spouse. Once the fiancé has entered the country they must get married to their sponsor within 90 days.
What is the Process of Obtaining a K-1 Visa?
The process of applying for and receiving a K-1 visa can be time-consuming but is overall a simple process. To obtain a visa the couple must complete the following steps.
- Check eligibility: To be considered eligible for a K-1 visa the fiancé must have met in person in the past 2 years (unless extenuating circumstances prevented it), have a combined income that exceeds the federal poverty line ($20,440 or more), and prove that they plan to get married within 90 days of the foreign fiancé arriving in the U.S.
- File the petition: The sponsoring fiancé has to file Form I-129, the Petition for Alien Fiancé (e) with the USCIS (United States Citizenship and Immigration Services). Once the petition is approved it will be sent to the National Visa Center (NVC). A representative of the NVC will assign a case number and send the petition to the U.S. Embassy or Consulate of the foreign fiancé.
- Submit application: The foreign fiancé must complete Form DS-160, the Online Nonimmigrant Visa Application.
- Attend the interview: The foreign fiancé will attend a visa interview where they will be asked questions regarding their background, the relationship, and more. Several documents are required during the interview.
What Documents Are Required During the Visa Interview?
The foreign fiancé and any children eligible for the K-2 visa must attend an interview before being approved. They must bring the following documents for each applicant.
- Printed Form DS-160 confirmation page
- A passport that allows travel into the United States with an expiration date at least 6 months away from your intended period of stay
- Birth certificate
- Divorce or death certificates of any previous spouses (for both the sponsoring and foreign fiancé )
- Police certificates issued as a result of a background check from your current and previous countries of residence
- Proof of a medical examination
- Evidence of financial support
- Two passport-style current photographs
- Evidence of the relationship between the foreign fiancé and the sponsoring fiancé
How Much Does it Cost?
The amount you will spend applying for and obtaining a K-1 visa will vary depending on several factors. However, the average cost ranges from $800 to $2,300. Filing Form I-129 costs $675 and Form DS-160 will be $265. You may also be required to pay for your medical examination including biometrics. Once your visa has been approved you will also have to pay about $1,440 to adjust your status.
