There are many supporting documents that you have to provide with your petition in order to make sure that your fiancé petition is approved. We provided you an extensive list of documents along with samples to make this a smooth process. Depending on the age of your fiance's children, you could also petition for them at the same time.
If the agency verifies that your relationship is legitimate, it will forward the petition to the National Visa Center (NVC). If your petition is denied, you will receive a letter explaining the reasons.
The NVC will forward an approved visa request to the U.S. Embassy or Consulate where your fiancé resides. Your fiancé must then file for the K-1 visa and bring supporting documents to the Embassy or Consulate. The Embassy or Consulate will also seek to verify the relationship and will conduct a one-on-one interview.
What Happens Once the Visa is Issued?
After the K-1 visa is issued, your fiancé must pass one final hurdle upon arriving at a United States port of entry, where U.S. Customs Border and Protection (CBP) agents can grant or deny admission into the country. Entry should be simple unless the agents find a Section 212 bar to admissions, such as a medical condition, criminal past, or lack of vaccinations.
Once in the U.S., your fiancé and you need to be married within 90 days, as the K-1 visa expires after that period of time. Once you’re married, your fiancé – now spouse – needs to file an application to adjust status. The USCIS will generally issue a temporary Green Card good for two years. Before the card expires, your spouse will then need to file for removal of conditions on the green card.
The whole application and visa issuance process can take anywhere from 12 to 18 months. Also, if your fiancé has children, they must be listed on the application, but they must be under 21 years of age and unmarried. If qualified, they will be issued K-2 visas to accompany the parent with the K-1 visa.
If you’re already married to a foreign national and you’re a U.S. citizen or a Green Card holder with lawful permanent resident (LPR) status, you can file Form I-130, Petition for Alien Relative. If you apply as a citizen, your petition will get priority status, but if you file in LPR status, your petition will be subject to a quota system. In either case, Form I-130 processing can take anywhere from months to two years or more.
Work With an Experienced
The process of bringing your fiancé to the U.S. for marriage, as well as the process of reuniting with your spouse, can be complex and challenging. It may sound like just a simple form is involved, but you must provide supporting documentation to prove your relationship. In addition, the USCIS and others reviewing your visa request will conduct thorough investigations to confirm that your relationship is legitimate. Hurdles can arise anywhere along the process.
Working with an experienced immigration attorney who understands the laws and requirements can help you navigate the often complex process. Furthermore, guidance on what investigating agencies are looking for can assist you in mitigating common pitfalls