What is a Fiance/K-1 Visa & How to Apply?

K-1 visa is a nonimmigrant visa that allows U.S citizens to bring their partner to the U.S. and get married within 90 days. The process allows for partners from foreign countries to enter U.S. without having to marry outside of the U.S. and wait for the CR-1 visa process to be completed, which can take more than a year.

However, to be able to apply for a K-1 visa, certain requirements must be met:

• Sponsoring partner must be a U.S. citizen, not a permanent resident;
• Both parties must be eligible to marry;
• It is available to same-sex partners, as long as one of them is a U.S. citizen;
• Parties must prove the legitimacy of the relationship by showing evidence such as photographs, hotel reservations of trips taken together, flight itineraries, etc.;
• Parties must show proof that partners have met in person at least once within the two years before filing (exceptions may apply);
• Both parties must provide a signed statement indicating an intent to marry within 90 days;
• The U.S. citizen must meet specific income requirements.

The process of applying for K-1 visa can be a difficult and overwhelming one; however, at Sobon Law LLC LLC we can help you every step of the way.

Steps to Obtain K-1 Visa:

1. Filing I-129F with supporting documents.
2. First Notice of Action – arrives within 2-3 weeks.
3. Second Notice of Action – arrives within 3-4 months and states either “yes” or “no” on a K-1 visa.
4. If approved, it is forward to National Visa Center for background check.
5. If passed, it is forward to the U.S. embassy or consulate in the home country and State Department’s National Visa Center runs a security check.
6. Interview must be scheduled by submitting a DS-160 Form. Before the interview, the foreign partner must pass a medical exam.
7. If approved for K-1 visa, it will be stamped in the passport after the interview. However, if additional documentation is required, it may delay the approval process.
8. After getting the stamp, fiancé must get married within 90 days of entering the US.

At Sobon Law, LLC we support our clients through the entire process, understanding how important family is. Call us today at (216) 586-4246 to discuss your options.