Fiancee Visa Guide: Requirements
The K-1 Fiancee Visa Program
The Fiancee Visa program has been created by the
United States Citizenship and Immigration Service (USCIS)
to enable United States citizens to bring their foreign
fiancees to the United States for marriage. The
rules and requirements regarding eligibility to sponsor
a foreign fiancee (fiancé) are not complex: Any
unmarried American citizen who has physically met his
(or her) foreign fiancee (fiancé) within the last
two years is statutorily eligible to successfully petition
to bring his foreign fiancee to the United States to marry.
If your fiancee has children they can come with her to
the United States with a K-2 Visa which is automatically
granted upon the granting of your fiancee's K-1 Fiancee
Visa. Notwithstanding the above, the Fiancee Visa
process is difficult and fraught with pitfalls.
The visa requirements are simple but the process is extremely
precise and complex. The USCIS almost never denies
a FianceeVisa petition, it simply fails to approve the
petition for technical reasons. It is common for
the USCIS to condition approval of the petition on the
submission of new and additional evidence. We have
heard that as many as 40% of all Fiancee Visa petitions
filed are never approved. It is likely that after
months or years of correspondence the petitioner and his
foreign fiancee simply give up and conclude that a visa
is unachievable. This has never happened to our
clients. Not once. Not ever.
Being in a long distance relationship and bringing over
a loved one is a stressful situation because of the combination
of strong emotions and complex legal requirements involved.
In order to ensure that the process moves as quickly and
smoothly as possible, you must hire an experienced Fiancee
Visa attorney. Your foreign fiancee has put her
trust in you to take care of bringing her to the United
States. It is important that she not experience
the stress of endless delays and uncertainty. You
can guarantee that her trust in you is validated by making
the process as painless as possible for her. This
is important for developing the relationship.
How to Guarantee an Approved Fiancee Visa Petition
Our firm has a streamlined method of achieving a Fiancee
Visa which has worked for over 2,000 couples since 2001.
To commence the process we require biographical information
about you and your fiancé. Upon our receipt
of this information, we will immediately prepare the immigration
documents which require your fiance's original signature.
These documents will be emailed to her to ensure that
the petition can be filed quickly. Once we have
dispatched your fiance's documents, we prepare the documents
which require your signature and email them to you.
Once both packets are returned to our office we prepare
the petition for submission to the USCIS. We also require
that you and your fiancé submit documentation to
our firm supporting the legitimacy of the relationship
which will ultimately become part of the total packet
submitted to the USCIS. We will provide you with
a list of the supporting evidence which we require.
These documents will include evidence that the two of
you met in person in the past two years. Airplane
tickets and pictures of you together are commonly submitted
pieces of evidence. As soon as we get the signed
documents back from your fiancee and from you we send
the entire petition to the USCIS Service Center with jurisdiction
over your state of residence.
There are two regional service centers which process
Fiancee Visas, Vermont and California. Each Service Center
requires a different length of time to complete processing
of the petition. We have no control over which service
center has jurisdiction over your petition and cannot
"speed up" the processing of your petition once
we send it to the USCIS. Any firm which implies
that it can speed up the USCIS approval is being untruthful.
We achieve your Fiancee Visa as quickly as possible because
of our speed, competence and completeness in preparing
the petition. Our firm knows how to get these petitions
approved. We know what the USCIS is looking for
and provide it to them on the first and only submission.
The Consular Interview for Your Fiancee Visa
After the petition is approved, your fiancee must attend
an interview at the American Consulate with jurisdiction
over Fiancee Visa issuance for citizens of her home country.
As soon as the petition is approved, your fiancee will
arrange an interview with the American Consulate where
she lives. The interviewer will ask your fiancee
questions about her background, you and the petition.
Most foreign fiancees find this interview to be extremely
stressful because some consular officials have been known
to try to "trip up" the foreign fiancee.
We minimize this stress by preparing your fiancee for
the interview by educating her about the purpose and procedure
of the interview. We give her detailed examples
of the type of questions the consular official might ask
and have even conducted mock interviews for especially
anxious foreign fiancees. This education will minimize
your fiancee's stress so she can attend the consular interview
with confidence. After the interview, the American
Consulate will grant your fianceé a Fiancée
Visa so the two of you can be united in the US.
We are always excited when clients send us pictures of
their new families.
Foreign Fiancees from Second- and Third- World Countries
It is almost impossible for a woman from the former Soviet
Unition or from Southeast Asia to obtain a tourist visa
to visit the United States. Most Immigration officials
presume that all such women are coming to the United States
to get married and therefore almost all Tourist Visa petitions
are denied. Do not listen to anyone who tells you
that they can get a Tourist Visa for your fiancee.
The Fiancee Visa is the only visa that your fiancee is
legally eligible for.
Foreign Fiancees from First World Countries
Unlike brides from Second- and Third- World countries
who must get a visa from the American Consulate before
they can enter the United States, nationals from First
World countries such as France, Canada etc., can easily
enter the US under the Tourist Visa Waiver Program. Nonetheless,
your fiancé (fiancéé) should obtain
a Fiancee Visa because serious immigration consequences
can accrue to foreign fiances who enter the United States
Permanent Residence After Marriage
After we unite you and your fiancée in the United
States you have 90 days in which to marry. If the
two of you decide you don't want to spend the rest of
your lives together, the Fiancee Visa holder must leave
the US within 90 days of entrance.
If you do marry within 90 days, you must petition to
adjust your wife's status to Permanent Resident also known
as "green card" holder. This Permanent Resident
status is conditional upon your marriage lasting at least
two years. For a small additional fee we can prepare
the petition to adjust your wife's status to Permanent
Resident. We help most of our clients navigate the
immigration process to Permanent Residency and US Citizenship.