K-1 Visas

Fort Lauderdale K-1 Visa Attorney

An Experienced Immigration Lawyer in Fort Lauderdale Assisting Clients in the K-1 Visa Process and Other Family-Based Immigration Services

The United States has several legal options for uniting family members across borders through family-based immigration. Depending on your individual circumstances, you may potentially qualify for one of many different visas that can help foreign nationals come to the country through family immigration, which would then allow them to achieve legal permanent residence, giving them the right to work, travel, and reside anywhere within the nation. Like many issues related to the United States immigration system, family-based immigration is a complex legal matter that often requires professional legal support from an experienced attorney well-versed in these and other practice areas. 

One of the various means to help foreign family members and loved ones come to the United States is via a fiancé visa (the K-1 visa). If a United States citizen applicant and their foreign fiancé meet the numerous eligibility requirements, it may be possible to secure a K-1 visa approval, which would then allow the foreign fiancée to enter the United States to legally marry.

Our law office, led by Fort Lauderdale immigration attorney George Reres, has extensive experience representing clients in various immigration issues, including family-based immigration, removal proceedings, employment-based immigration, temporary visas, immigration status for skilled workers, and more. The dedicated and ongoing support of a qualified legal team can make all the difference in achieving your goals in your immigration case. To learn more about the benefits of retaining our legal services, please get in touch with our Fort Lauderdale law firm to discuss your case in a free initial consultation.

What is Form I-129F?

Officially known as a petition for an alien fiancée, Form I-129F requests the permission of non-U.S. citizen fiancés to legally enter the United States for the purposes of marrying their U.S. citizen partner. Filing form I-129F is the first step in assisting your foreign alien fiancé in coming to the United States and helping them achieve lawful permanent residency as a green card holder.

There are several requirements for the K-1 visa, including the stipulation that marriage must occur within 90 days of the fiancé’s arrival in the country. Failure to get married within the allotted 90 days can result in the immigration status process being halted and potentially lead to court-ordered removal proceedings for the foreign fiancé. Additionally, other requirements include filing fees with the USCIS and proving to government officials that the marriage is bona fide.

To ensure a smooth transition throughout the application process, contact our law firm for legal assistance. We provide constant and transparent communication to guide clients through the immigration process, to help them achieve their objectives and attain favorable outcomes in their legal matters. To learn more about the benefits of retaining our immigration services, please contact our law firm to schedule a free case review with an attorney in Fort Lauderdale, FL, today.

Who is Eligible for a Fiancé Visa in South Florida?

Several eligibility criteria must be met by both the U.S. citizen and the foreign fiancé to navigate the K-1 visa application process successfully.

Some of the eligibility requirements of the citizen petitioner include the following:

  • The petitioner must be a U.S. citizen either through birth or naturalization
  • Both the U.S. citizen and the foreign fiancé must be legally permitted to marry. If either party has any previous marriages, those marriages must be legally terminated to continue.
  • The U.S. citizen petitioner must have a genuine relationship with the foreign fiancé and fully intend to marry the fiancé within 90 days of their legal entrance into the country.
  • Petitioners must meet specific minimum income requirements. In immigration cases where the United States petitioner does not meet those financial requirements, it may be possible to enlist the assistance of a co-sponsor

Requirements for eligibility for the foreign fiancé include the following:

  • The foreign fiancé must reside outside of the United States of America at the time of the filing of the petition and the K-1 visa application forms.
  • There must be a genuine intent to marry a U.S. citizen petitioner within the allotted 90 days after the fiancé’s arrival in the country. 
  • The foreign fiancé must intend to legally immigrate to the United States of America and reside there with their newly married spouse. If the foreign-born fiancé does not intend to reside in the U.S., it may result in a K-1 denial.
  • The intention to establish a life together as a married couple must be bona fide. USCIS interviewers and other officials are trained to be skeptical of legal immigration through marriage, and will pick apart evidence, looking for reasons to doubt that a relationship is genuine.
  • The foreign national must be legally admissible to the USA. A criminal record, specific health issues, and other factors could render an individual ineligible for admission into the country.

What Are Some of the Benefits of Lawful Permanent Resident Status for Foreign-Born Fiancés?

Our Fort Lauderdale immigration attorney has a proven track record of success in assisting clients with various legal matters related to fiancé visa applications, including consular processing, mock interviews, and more. Once the foreign-born fiancé is married to the United States citizen petitioner, they will be issued a conditional green card, granting them lawful permanent residency in the United States for a specified period. After that time has passed, the immigrant can file for an adjustment of status to remove conditions on their green card.

There are several benefits to being a green card holder, including the following:

  • The right to reside anywhere in the United States with their spouse
  • Work authorization and the right to choose a career path 
  • The ability to help specific family members, including unmarried children, to legally immigrate with them
  • Legal protections afforded by the United States government
  • Potential eligibility in government benefit programs
  • An ability to travel anywhere within the United States
  • And more

How Does the K-1 Visa Application Process Work?

The process of applying for a K-1 visa can feel needlessly complicated. We proudly assist clients in these and other immigration issues to help ensure a favorable outcome.

Among the many steps in an immigration case involving a fiancée visa are the following:

  • Filing Form I-129F with USCIS offices.
  • If USCIS approves your petition for an alien fiancé, the form is then forwarded to the National Visa Center.
  • The National Visa Center processes your foreign fiancé’s immigration case and then sends it to the appropriate embassy or consulate.
  • At this stage, the foreign fiancé must complete a DS-160 visa application
  • The foreign fiancé must undergo a thorough medical examination. Provided that an approved physician is happy with the medical exam, the foreign fiancé will proceed to the next step.
  • After the medical exam, the foreign fiancé must attend a visa interview at either a U.S. embassy or consulate. If the interview goes well, they will receive a K-1 visa.
  • Within six months of being issued the K-1 visa, the fiancé must enter the United States and then marry their U.S. citizen partner within 90 days.
  • After marriage, the foreign spouse can seek an adjustment of status and begin the green card application process.

What Are Some of the Required Documents and Evidence That Could Help a Foreign Fiancé Obtain Their Green Card?

Among the many required documents necessary to complete the K-1 foreign finance application process are the following:

  • The petitioner must show proof of United States citizenship.
  • The U.S. citizen sponsor must establish proof that they can adequately support themselves and their foreign spouse financially.
  • There must be proof of a bona fide relationship. Evidence that can be presented to prove a genuine relationship could include photographs together, vacation time spent together, testimonials from those familiar with the relationship, and more.
  • Both the U.S. citizen petitioner and the foreign fiancé must adequately convince government officials of their genuine intent to marry each other.
  • If either party has any criminal records, these records must be presented. Failure to provide police certificates or proof of criminal history could be considered fraud.
  • And more

What Are the Expected Processing Times for Fiancé Visas?

The entire process from the initial petitions through to the approval and fiancé’s entry into the United States usually takes between six and 12 months. The initial application process can take up to two months, followed by a waiting period for the visa interview, which can last an additional couple of months. When there are issues with the application or the required documentation has not been submitted, the processing time will be extended. To ensure a streamlined process, please contact our law firm for assistance.

Can You Apply for a Waiver if You Have Not Met Your Foreign Fiancé in Person?

Typically, fiancés must have previously met in person to obtain a K-1 visa. However, in some extraordinary circumstances, it may be possible to skip this requirement. Examples of instances where it may be possible to secure a K-1 visa without having met in person may include immigration cases involving extreme hardship as well as those involving specific religious restrictions.

What Are Common Mistakes Applicants Make in the Pursuit of Legal Status for a Foreign National Fiancée? 

Applicants proceeding through the K-1 visa process independently often make some of the same mistakes. Any minor error in the legal proceedings can result in your case being delayed or potentially denied.

Common mistakes made by fiancés going through the process on their own include the following:

  • Missing documentation that was required to be submitted
  • Failure to convince USCIS officials of a genuine relationship
  • Inadequate English skills or failure to pass the medical exam
  • Filing the incorrect forms
  • Deciding not to disclose a criminal history
  • And more

In immigration cases where a K-1 fiancé visa is denied, you must seek professional legal support from an experienced attorney. There are many reasons for visa denial, ranging from accusations of fraud and misrepresentation to other grounds. During the application process, it is essential to disclose all relevant information; otherwise, you may be accused of trying to mislead officials and commit marriage fraud.

Contact Our Law Firm for a Free Consultation with an Experienced Fort Lauderdale K-1 Visa Lawyer Today

There are numerous unique benefits to family-based immigration; however, the legal issues are often incredibly complex and frequently require the guidance of a Fort Lauderdale immigration lawyer. Our Broward County law office is here to assist you in all of your immigration needs, including helping you and your foreign fiancé(e) unite in the United States with the intention of getting married.

For assistance in K-1 visa applications and other immigration law services, please contact our law firm to request your free initial consultation with our legal team today. In addition to serving Fort Lauderdale and Broward County, we also assist clients in surrounding areas, including Boca Raton, Coral Springs, Miami-Dade, and West Palm Beach.

Schedule your free consultation with an experienced K-1 visa attorney by contacting us at (954) 874-8806.