US immigration laws allow green card holders to bring their fiances to the United States for marriage by filling out a Petition for an Alien Fiance. A K-1 visa is a non-immigrant visa that allows green card holders to bring their soon-to-be spouse to the United States. As soon as your fiancé enters the country, the law expects you to marry within 90 days, a failure to which the foreigner could lose their visa status.
Although the K-1 visa is meant for an individual engaged to a US citizen, you may be able to invite your fiancé into the US when you are a green card holder. However, you must either be petitioning for citizenship or undergoing the process of neutralization. Filing a K-1 visa to bring your fiancé to the United States can be complicated and lengthy. So enlisting the services of a skilled immigration attorney can help make the process easier.
Inviting your Fiancé to the US When You are a Green Card Holder
The only way to obtain a fiancé visa is if your partner is a US citizen. A green card holder is not considered a citizen. A green card holder is an individual who is not a US citizen but is permanently and legally residing in the country as an immigrant. However, you can easily apply for neutralization or US citizenship after three to five years of residing in the United States. The USCIS allows you to work and reside in the US without restrictions as a green card holder. If you are petitioning for citizenship or are in the process of neutralization, you may have more options and have a better chance to bring your fiancé to invite your fiancé to the US.
After spending three to five years in the US on a green card, you can invite your family members. Although there is a waiting list for immigrant visas, the visas for Finances and immediate family members of the green card holders are readily available.
Under US immigration law, a fiancé of a green card holder is a recipient of an approved petition and is eligible to travel to the United States on a non-immigrant K-1 visa to marry the green card holder. Before you invite your fiancé to the US, you must be legally free to marry when you file a petition. Also, your marriage must be legal in the state where you intend it to occur.
Generally, you and your foreign finance partner must have met in person within the last two years. However, the USCIS could grant you an exception to this requirement if you have had difficulties meeting with your fiancé.
K-1 Fiancé Visa
A fiancé green card which is legally known as a K-1 visa is a non-immigrant visa issued to a fiancé of a US citizen or green card cardholder. The K-1 visa is temporary and has regulations that you must follow before and after your fiancé obtains the visa. Moving to the United States on a fiancé visa is often two-step. First, you must obtain the K-1 visa and then adjust your status to permanent residence. Your fiancé can only obtain a K-1 visa if they reside outside the US. Also, you will be required to marry within 90 days of entering the country.
An applicant of the K-1 visa must meet the eligibility criteria before receiving the fiancé visa. Specific requirements include:
- The sponsoring spouse must be a US citizen or a green card holder who is petitioning for citizenship or in the process of neutralization.
- Both you and your fiancé must be eligible to marry in the US. This means that you should not be currently married to another person.
- The relationship between you and your spouse must be legitimate. Proving that your relationship is real must be accompanied by evidence and testimony from people who know you.
- K-1 visa is available for same-sex couples regardless of the laws of the foreign fiancé’s country
- Each fiancé must provide a statement indicating their intent to marry within the first ninety days of the foreign fiancé’s arrival to the United States. If you have made concrete wedding plans, you can present the wedding invitation and receipts to prove your intent to marry.
- The fiancé who is a green card holder must have an adjusted gross income equal to 100% of the Federal Poverty Guidelines. If you cannot meet this requirement, you must find a joint financial sponsor to file the affidavit of support.
The process of inviting and bringing your fiancé to the US involves the US Department of State, the Customs and Border Protection, and the USCIS. At every stage of the process, both you and your fiancé may undergo security and background checks. This could include checking your criminal history and other personal information. The following are steps you need to take to bring your fiancé to the United States:
Filing the Petition
The first step in applying for the US citizen fiancé is to file the form I-129F visa petition with the USCIS office serving in your area. Form I-129F asks the USCIS to recognize your relationship. This form includes evidence of your intent to marry within the first three months. Also, you must present proof of your green card status and meet between you and your foreign fiancé. Some of the evidence that must be included in the form I-129F include:
- A valid passport. When you apply for a K-1 visa for your fiancé, they must have a passport valid to travel to the US and six months validity.
- Death or divorce certificates. If you have been married in the past, you must prove that the previous marriages have ended. Some documents that could indicate the end of marriage include the death certificates of ex-spouses and divorce certificates.
- Police certificates. A police clearance certificate will be needed from the country of residence and any other country where the applicant has lived within the past six months.
- Proof that you are a US citizen. If you wish to invite your foreign fiancée to the United States while on a green card, you must prove that you are a citizen by presenting your passport and letter of neutralization. The neutralization process allows green card holders to enjoy similar benefits to US citizens.
- Proof that you have met your fiancé in the last two years. The proof of your meeting could include photographs of you together, letters, emails, and itineraries.
- A copy of the Form I-94 arrival or departure form that the foreign fiancé has received while visiting the United States
The USCIS will review your form and the documents you have presented to support your intent to marry. Also, if additional evidence is required, you will receive a request to present the evidence. If you can establish your eligibility, the USCIS will recognize your fiancé relationship and approve your Form I-129F. If the documents and evidence you provide are not convincing, your application could be denied.
If the USCIS approves your petition, your form will be sent to the National Visa Center, which issues you with a case number. The USCIS takes between six to nine months to process an I-129F petition. Each USCIS center has different times to process the applications. Therefore, the amount of time you have to wait to receive feedback. Additionally, the NVC will send your petition to the US Embassy of the country where your fiancé lives.
Visa Application
After the National Visa Center has forwarded your Form I-129F to the US Embassy, the embassy will notify you when they schedule a visa interview for your fiancé. Your fiancée must present a completed Form DS-160 for an online non-immigrant Visa Application at the visa interview. The DS-160 is a form filled for temporary travel to the United States by fiancées of US citizens or green card holders.
This form is submitted electronically to the Department of State. Combined with a personal interview, the information provided in the DS-160 is used to determine your fiancé’s eligibility for the K-1visa. While you complete your DS-160, you need to have all your documents ready. The US Embassy will request documents from both you and your foreign fiancé. In the notice from the embassy, you will receive instructions on how to send in the documents. Some of the documents required from the fiancé residing in the United States include:
1. Affidavit of Support (Form I-134)
An Affidavit of Support is a legally binding document in which a US citizen or green card holder promises to sponsor their foreign fiancé to avoid reliance on government benefits. Instead of your fiancé having to prove that they have the financial capacity to support their stay in the US, you will step in to be their supporter.
As a sponsor, you will need to fill the form I-134, which proves your ability to support the applicant. Also, you will be required to sign a legally binding document. Signing an affidavit of support should not be taken lightly, and you must live up to the promise. When filing an affidavit of support, you will not need to take your biometrics. Often filling the form I-134 is one of the last steps in finalizing the final journey to obtain the K-1 visa.
The following is some of the information that you must provide when signing an affidavit of support:
- Your details including your social security number and your address.
- Information about the beneficiary, which in this case, is your foreign fiancé.
- Proof of your green card status.
- Your employment or financial information. It is crucial to provide accurate information since the form is a legally binding document.
- Information about your dependents. This will help ensure that you meet the Federal Poverty Guidelines.
2. Recent Tax Returns
For proof of your financial assets, you may need to provide your bank statements and statements of your tax returns. Although the embassy requires you only to provide the most recent returns, it could be a good idea to provide evidence of returns dating back three years.
In addition to the information needed from the green card holder. The Department of Immigration will require the following information from the foreign fiancé:
- A birth certificate
- Copy of a valid passport
- Passport photos
- Police Clearance
- Medical examination forms
Evidence of relationships. Some of the evidence you can provide to prove that your relationship is valid includes pictures of you and your fiancé together. Also, you can provide. Written statements from friends and family or other individuals who know of your engagement.
Attending the Visa Interview
The K-1 visa interview is scheduled to occur at the consulate or US embassy listed on the notice from the National Visa Center. Often the interview takes place between four to six weeks after the notice. The applicant for the K-1 visa is the only individual who attends the interview.
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Medical and Vaccination Requirements
During the preparation of an interview for the K-1 visa, the applicant will need to schedule and complete a medical exam. Regardless of age, an applicant who wishes to move to the United States on a fiancé visa must pass a medical examination. The USCIS will provide your fiancé with instructions on taking medical examinations from the consulate where the visa application is made.
A K-1 visa applicant must undergo medical checks from an embassy-certified doctor. Also, the applicant must receive the relevant vaccinations. After the medical exam, the physician must send the exam results to the US embassy. Although vaccinations are not a requirement for the visa application, you may need proof of the vaccination to adjust the status to permanent residency after the marriage.
When an applicant attends the interview, they need to follow all the instructions on the NVC notice. The interviewing officer decides on your visa application on the interview day. If you need additional evidence to support the visa application, the US consulate will request the applicant to submit it. The process of acquiring a K-1 visa can be complicated. Therefore guidance from a competent immigration attorney is crucial.
Arrival in the United States for Marriage
Once you meet all the requirements and your fiancé obtains the K-1 visa, the foreign fiancé will be allowed up to six months from the initial filing of Form 129F to travel to the US. Upon the arrival of your fiancé, you must marry within 90days. Failure to do this will result in a loss of the visa status, and the foreign fiancé must leave the country. Unlike other types of visas, you cannot change your status from a K-1 visa unless by marriage to the original sponsor.
Adjustment of Status
If you marry your foreign fiancé within 90 days of arriving in the US on a K-1 visa, your spouse will be allowed to apply for permanent residency. Application for permanent residency is made by filing Form I-485. Your spouse will be required to present specific documents when applying for the residency. The USCIS will review your Form I-485 and mail a request for evidence if additional information is needed.
Both you and your spouse will be required to appear for the interview. Your spouse is eligible for a green card based on admission to the US on a K-1 visa if they are physically in the United States and can provide evidence that you married within the recommended time after entry to the country.
Cost of a K-1 Fiancé Visa
Throughout applying for a K-1 visa, there are several costs that a couple must incur:
- Form I-129F filing fees. When you file a petition for an alien fiancé with the USCIS, you will be required to pay a $535 filing fee.
- K-1 visa cost. For I-129F is just a petition and not the actual visa. If the consulate accepts the petition, your fiancé could apply for the visa by filing a Form DS-160 which costs $265.
- Medical exam cost. Undergoing a medical examination is a requirement. The cost of a medical examination varied between $50 and $300 depending on your fiancés country of residence.
- Cost of status adjustment. If you fulfill the requirements of the K-1 visa and marry, your spouse can apply for an adjustment of status, which costs $1,225.
Find a Competent Los Angeles Immigration Attorney Near Me
If you are a citizen of the United States or a green card holder undergoing the neutralization process, you can sponsor your foreign fiancé to come to the US for marriage. The process of inviting your fiancé to the US involves filing a petition for a fiancé visa. Even when you file for a fiancé visa, it is important to understand that your fiancé must wait for the visa application to be approved before they can enter the United States. You and your fiancé must meet eligibility criteria to qualify for a K-1 visa, and the process takes longer when you are a green card holder.
Even though you want to bring your loved one to the country and marry them, it is important to tread carefully. Any incorrect information provided during the visa application is considered an act of immigration fraud and could attract serious legal consequences. Therefore, when inviting your fiancé to the US, it is crucial to consult an immigration attorney. At California Immigration Attorney, we will offer you the legal guidance you need to navigate the process of bringing your soon-to-be spouse to the US. Call us today at 424-789-8809 for counsel.