Tampa Fiancé(e) Visa (K-1) Attorney

A fiancé(e) visa, technically known as a K-1 visa, enables someone engaged to a U.S. citizen to enter the U.S. to get married. After the wedding, the new spouse can apply for a green card.

If you are engaged and reviewing your options, our experienced immigration attorney at American Dream^® Law Office can help you determine whether a K-1 visa suits your circumstances. He can assist with the application process to ensure that requirements are correctly fulfilled to help avoid delays or denials.

Our team has handled hundreds of visa applications for clients across Florida and the U.S. Our attorney has gone through the immigration process and understands your worries, concerns, and confusion due to the complexities of U.S. immigration law.

Find out how we can help by consulting with our Tampa fiancé(e) visa lawyer. Contact us at (813) 499-1250 to get started today. 

Eligibility for a K-1 Visa

The first step in the process is determining if you qualify for a K-1 fiancé(e) visa. These visas are available to same-sex couples, even if the laws of the foreign fiancé(e)'s home country do not recognize same-sex marriage.

Eligibility requirements include:

• One spouse must be a U.S. citizen who meets specific income requirements
• Both partners must be unencumbered by prior marriages (and have proof of divorce, etc.)
• The couple must have evidence to prove the legitimacy of their relationship
• Both partners must sign a statement displaying an intent to marry no later than 90 days after the foreign fiancé(e) enters the U.S.
• The couple must prove they have been together in person at least once within the past two years. (Exceptions may be made for extreme hardship or where meetings violate cultural norms)

Because of the difficulties posed by COVID restrictions in recent years, USCIS may be more likely to waive the requirement for an in-person meeting. Our immigration lawyer can help you and your fiancé(e) prepare documentation to show that your relationship is genuine and that you meet all qualifications for a K-1 visa.

Expanding on eligibility, it’s critical to gather comprehensive evidence of your relationship, including photographs, communication records, and affidavits from friends or family. These documents demonstrate to the authorities the genuine nature of your commitment. Additionally, understanding the specific income requirements can prevent common pitfalls. The U.S. sponsoring citizen must meet or exceed 100% of the federal poverty guidelines, which could vary based on household size and income changes. Our attorney can explain these requirements in detail to ensure you are fully prepared.

The Application Process for a K1 Visa

The process begins with the U.S. citizen partner filing a petition Form I-129F with U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by evidence showing the couple meets the requirements. 

Missing information could cause delays. Any information that appears to involve potential fraud could cause an application to be denied, negatively impacting future immigration efforts. Therefore, we recommend that you work with our experienced immigration attorney throughout the process to avoid mistakes.

After USCIS approves the petition, the case is transferred to the U.S. State Department, which will schedule an interview in the foreign fiancé(e)'s home country. At that point, the fiancé(e) must fill out the formal visa application, submit additional documentation, and prepare for the interview. About six weeks later, the interview typically takes place at the U.S. embassy or consulate in the foreign fiancé(e)'s home country.

Beyond initial filing, prepare thoroughly for the consular interview. This includes knowing personal details about each other, such as family, work, and future plans, which may be probed to validate the relationship's sincerity. Ensure that documents like birth certificates, police certificates, and any prior U.S. immigration documentation are organized and ready. Our attorney offers mock interviews to help understand potential questions, creating a calm and confident demeanor during the actual interview.

Is a K-1 Visa the Best Process for a Foreign Fiancé(e)?

A K-1 visa is only good for 90 days and is only available to fiancé(e)s of U.S. citizens rather than green card holders. This makes sense for couples in certain situations. 

For others, it might be better to marry abroad and apply for a permanent spousal visa through the consular process. The choice depends mainly on your current living situation and plans for the near future.

An important factor to consider is the potential adjustment period post-marriage. After marriage, the foreign spouse may apply for a status adjustment to become a permanent resident. This step is crucial for those planning to settle in the U.S. and could be accompanied by waiting periods or interviews. We help couples assess these timelines and compare them to the spousal visa process, weighing pros and cons based on personal circumstances.

The Timeline for K1 Visas

The timeline for a fiancé(e) K-1 visa can vary based on several factors, including the processing center's workload and the application's completeness. Generally, it takes around six to nine months from filing to issuing the visa.

Understanding the timeline's variability is important to planning around significant life events. Holidays, international obligations, or unforeseen circumstances could necessitate timeline adjustments. To prevent heartaches, consider getting professional insights to align expectations with potential waiting periods and legal developments.

Can a K-1 Fiancé(e) Visa Be Denied? 

The K-1 visa can be denied under certain circumstances, such as if the relationship between the petitioner and beneficiary is not considered genuine or if legal grounds of inadmissibility are found. The U.S. Department of State provides detailed information on the reasons for visa denials on its official website.

Reasons for visa denial range from incomplete application or supporting documentation to fraud, misrepresentation, and more. 

Apart from these reasons, applicants might face obstacles related to health issues, prior immigration violations, or criminal history. It's crucial to disclose all relevant background information fully and accurately. Mitigating any risky factors before application submission can improve prospects, for which proactive legal guidance is invaluable.

Get Help with a K1 Visa

Whether you need help determining the most effective path to immigration for you and your fiancé, or you've already started the visa application process and need assistance, our dedicated legal advocates at American Dream^® Law Office are ready to assist. 

We understand all steps in the process and will not rest until we've done everything possible to help you reach your goals. 

Contact us by calling (813) 499-1250 today for a confidential consultation to learn more about how we can assist you.