What Is The Fiancé Visa?

By Published On: June 1, 2023Categories: Vlog, Green Card, VAWA

What Is The Fiancé Visa?

The fiancé Visa, also known as the K1 Visa, is a type of Visa assigned to a foreign person who is engaged to an American citizen. Its purpose is to allow the couple to reunite in the United States, get married within 90 days of arrival, and then proceed with the adjustment of status process.

The K1 Visa is a way for the foreign fiancé to travel to the United States and join their American citizen sponsor.

Navigating The Fiancé Visa Process: A Step-By-Step Guide

Who Can Obtain A Fiancé Or K-1 Visa?

To obtain a fiancé or K-1 Visa, the foreign fiancé must be outside of the United States and have no immigration violations. The couple must have met in person and not have been together for more than two years.

They must also have the desire to get married within the first 90 days of entering the country and be completely free to marry, which means they must be legally divorced if they were previously married. In case one of them is about to get divorced, they must complete all the paperwork before applying for the K-1 Visa. It’s important to have a consultation with a lawyer to determine if the K-1 Visa is the best option for the couple.

Can I Apply For The K-1 Visa If I Haven’t Seen My Fiancé In Person?

No, you cannot apply for the K-1 Visa if you haven’t met your fiancé in person. It is a requirement that the couple has met in person and not been together for more than two years, or less than two years, as it were.

Additionally, physical contact is necessary, even if the relationship was formed through online platforms. Meeting in person is not just to confirm love, but also to fulfill the requirement of physical contact for cyber relationships.

Do I Have To Be Divorced To Apply For The K-1 Visa?

In order to apply for the K-1 Visa, both parties must be legally free to marry. This means that if they were previously married, they must be legally divorced.

If one of the parties is in the process of getting a divorce, all paperwork must be completed before applying for the K-1 Visa. Therefore, being divorced is a requirement to apply for the K-1 Visa if one has been previously married. It is advisable to consult with a lawyer to ensure that applying for the K-1 Visa is the best option for the individual situation.

What Happens After The 90 Days?The Fiancé Visa: Requirements, Timelines, And Common Challenges

After the 90 days, the immigrant spouse who entered the country on a K-1 Visa is expected to have gotten married to their US citizen partner. Once they are married, the immigrant spouse can apply for a green card through the process of adjustment of status.

Note that if one of the parties was going through a divorce during the K-1 Visa application, all the necessary paperwork must have been completed before applying for the Visa.

Can Children Be Included In The K-1 Visa?

When considering the K-1 Visa, it is crucial to consult with a legal professional to clarify misconceptions, especially regarding including children in the petition. While there are opportunities for children to be included, the details are complex and vary based on the child’s immigration history, age, and legal registration.

Each case is unique, so it is not advisable to rely solely on the opinions of relatives, neighbors, or friends. Although being separated from family during the K-1 process may be difficult, there are long-term benefits to look forward to, such as the ability to travel freely with your partner between countries.

Errors Can Affect Your K-1 Visa

According to the given information, having misconceptions about fiancé Visas can result in unfavorable outcomes. To avoid this, seeking professional advice is crucial to comprehend the factors that could affect the process, including the inclusion of children.

It’s essential to understand that the only requirement for a K-1 Visa is to get married, regardless of the wedding size. Consulting with a confidential firm can help individuals make informed decisions that suit their specific needs.

You Don’t Need A Big Wedding To Apply For The K-1 Visa

The information provided suggests that it is not necessary to have a big wedding to apply for the K-1 Visa. The requirement is simply to get married, and the size of the wedding can be as small or big as desired. Waiting to have a big wedding with family members present in the future is also a viable option.

However, it is important to seek professional advice to understand the various factors that can impact the process and make informed decisions based on individual needs. The recommended firm ensures confidentiality and aims to provide the best option for clients based on their specific situations.

Get To Know Michelle’s Story

Michelle, a U.S. citizen, went through the naturalization process with Lincoln-Goldfinch Law five years ago. She has a boyfriend in Mexico named Damian, and after being together for over three years, Michelle initiated a petition for Damian to come to the United States and get married here.

Recently, they received their K-1 Visa and are planning to come here to get married. If you are considering the fiancé Visa, Lincoln-Goldfinch Law offers a special price to those who also do the adjustment of status with them. However, if you have already completed the first process with another lawyer and want to do the adjustment of status with Lincoln-Goldfinch Law, they can review your case and help you take the second step to success.

K-1 Visa Statistics

From Application To Approval: Understanding The Fiancé Visa Requirements

– Approximately 1,903 people got married in 2021 with a K-1 Visa, but the rate dropped by 6%.

– There are no statistics available on how many people receive K-1 Visas or how many of them have been victims of domestic violence.

– In the United States, more than 10 million people have experienced violence from their partners, and over 9 million people belong to a mixed-status family.

– One in three women and one in three men report having experienced violence from their partners.

– One in five marriages in the United States is composed of a spouse born outside the country, and 40% of them come from a Latin American or Caribbean country.

– It’s essential to seek legal advice from an immigration lawyer if you have entered the United States with a fiancé Visa and didn’t marry that person or experienced domestic violence.

– Aarón expressed his willingness to share his story on the air, and the doors are open for anyone who wants to share their story publicly or privately.

– The confidentiality of individuals who share their story will be maintained by changing their names.

– Lincoln has a 4.9 out of 5-star rating and over 900 successful reviews from people who shared their experience regarding this type of Visa. Merari has participated in consultations with Lincoln regarding K-1 Visas.

What Happens If I Suffer From Domestic Violence During My K-1 Visa?

If someone suffers from domestic violence during their K-1 Visa, they may still have options to fix their immigration situation. It’s important to seek legal advice from an immigration lawyer to answer questions and guide them through the process. The program invites people to share their stories, publicly or privately, to maintain confidentiality if preferred.

What Are The Most Common Feelings & Desires Expressed By These People?

The most common feelings and desires expressed by the people in this conversation are frustration, love, fear, and a desire to be with their loved ones. The frustration is felt by the citizen who cannot bring their loved one to the United States, while the fear is experienced by the person who cannot enter the country.

The desire to be with loved ones is strong, and people are willing to pay the price, whether it be for travel, phone calls, or legal services. The conversation encourages people not to let fear paralyze them and to seek legal advice to help them navigate the immigration process.

If you have additional questions about your fiance Visa or K-1 Visa, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube and Twitch.

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About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.

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