Chicago Fiancé Visa Lawyer
Chicago Fiancé Visa Attorneys Ready to Help
According to 2013 statistics from the U.S. Census Bureau, one in five married households in the U.S. had at least one spouse who was born in another country. Diversity is part of what makes the U.S. a melting pot, comprised of individuals from an array of cultural backgrounds.
You should consult an experienced immigration attorney before embarking on the process of filing to have your foreign-citizen fiancé obtain a nonimmigrant visa or fiancé visa. Immigration law is complicated and changes frequently, and you want to give you and your fiancé the best chance at a smooth filing process.
What is a Fiancé Visa?
A Fiancé Visa, also known as the K-1 Fiancé Visa is a visa that may be granted to a fiancé of an individual who is a lawful citizen of the United States. This visa allows the foreign fiancé to enter the United States for the sole purpose of marriage. Once married, the foreign national is eligible to apply for a green card.
The process may be complicated and time-consuming. Having the help, support, and guidance of a reputable Fiancé Visa attorney can make the process smooth, and ensure that you are doing everything necessary to successfully obtain the visa for your fiancé.
Requirements for Getting a Fiancé Visa
The fiancé visa is also known as the K-1 nonimmigrant visa.
You — the petitioner — must meet the following requirements and take the following steps to petition for your foreign-citizen fiancé to receive a visa:
- U.S. citizenship for petitioner: You must be a U.S. citizen to file for your foreign-citizen fiancé to obtain a visa.
- Freedom to marry: You and your fiancé must be considered legally free to marry.
- In-person encounter within the last two years: You and your fiancé must be able to attest that you’ve encountered one another in person at least once during the preceding two years. Read more on cultural considerations and about requesting a waiver pertaining to this requirement on the U.S. Citizenship and Immigration Services (USCIS) website.
- Intent to marry: You and your foreign-citizen fiancé must have plans to marry each other within 90 days of your fiancé entering the U.S. Failure to marry within the 90-day window means your foreign-citizen fiancé must leave the U.S. — otherwise they’re at risk of deportation and other serious consequences.
- File Form I-129F: To obtain a fiancé visa, you must file Form I-129F, Petition for Alien Fiancé with USCIS.
- Await for a response from USCIS: You can check for updates on your case status using the USCIS website or smartphone app.
- Petition approved or rejected: If your petition for a fiancé visa is approved, USCIS transfers the petition to the National Visa Center. The National Visa Center next assigns you a case number and defers your petition to the appropriate U.S. Embassy or Consulate, based on your fiancé’s current residence. If your petition for a fiancé visa is rejected, you will be informed by a consular officer and advised whether there is a waiver of ineligibility. You may wish to review the complete list of ineligibilities for a fiancé visa.
If your Form I-129F is approved, the next step is for your foreign-citizen fiancé to apply for a visa. The visa process generally consists of an interview.
- Form DS-160: This is known as the Nonimmigrant Visa Application.
- A valid passport: Be sure to verify that the passport will not expire during your stay in the U.S.
- Birth certificate
- Divorce certificates: You should present these certificates, if applicable, on behalf of both you and your U.S.-citizen fiancé.
- Death certificates of previous spouses: You should present these certificates, if applicable, on behalf of both you and your U.S.-citizen fiancé.
- Police certificates: Police certificates from the country where you currently live are often necessary for immigration clearance.
- Medical examination: Refer to the U.S. Embassy or Consulate where you’ll apply for your visa for further information regarding medical exam requirements. You should review vaccination requirements for immigrant visa applicants.
- Evidence of financial support: You should present evidence that you’ll have sufficient monetary support during your U.S. stay.
- Photograph: The required photo format is explained in the visa photograph requirements.
- Evidence of relationship: The foreign-citizen fiancé will need to provide evidence that their relationship with the U.S.-citizen fiancé is authentic.
- Payment of fees and other costs: It’s recommended that you refer to the U.S. Embassy or Consulate for transparency regarding fees. Other costs you may incur during the process include translation charges, photocopying charges, and fees for procuring required documents text.
How Long Does It Take To Get A Fiancé Visa?
The precise time that it will take to obtain a Fiancé Visa will depend on a couple of things. On average, it can take from six to nine months to go through all of the necessary steps until you finally obtain the visa. It will then take an average of eight to ten months for the USCIC to review and process your Form I-129F. The National Visa Center (NVC) will then send the appropriate instructions and notify the United State embassy or consulate regarding the K1 petition; that takes approximately three to four weeks. Finally, the United States embassy or consulate will arrange an interview in order to interview your fiancé; that takes approximately four to seven weeks.
To learn more about the process of obtaining a Fiancé Visa, or questions regarding the time that everything will take to follow through, contact our Fiancé Visa attorneys in Chicago today. Our team is happy to assist you and help provide you with the knowledge that you need during this time.