If you want to marry a foreign national, if you are a United States citizen, you may be able to sponsor them for a K-1 visa that allows them to come to the United States legally. However, this type of visa is not the same as a family sponsorship visa, and it does not establish legal permanent residence. If you and your fiancé are not married within 90 days of when they enter the United States, their visa will expire, and they will have to leave the country.
To apply for a K-1 visa, the petitioning party must file Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). USCIS must recognize that the relationship is real and valid in the eyes of the U.S. government – and not just a relationship of convenience in order for someone to come to the United States. If approved, the approved form will be sent by USCIS to the National Visa Center, which will then transfer the form to the appropriate U.S. embassy or consulate where the proposed visa recipient will be interviewed. As part of the interview for the K-1 visa, you will be required to have a medical exam and submit documents proving that your relationship is real and valid.
As part of your K-1 visa application to USCIS, you were required to submit documentation. You should bring originals or certified copies of that documentation to your K-1 visa interview and translations including:
• Medical Examination Results
• Birth Certificate
• Divorce or Death Certificates
To prove you are not currently married.
• DS-160 Confirmation Page
Printed confirmation page from your Online Nonimmigrant Visa Application.
• Originals or Certified Copies of Civil Documents
Documents submitted with your IDS-160.
• Police Certificates
Certificates for every country you’ve lived in for more than 6 months, since your 16th birthday.
• Two Identical Color Photographs
• Unexpired Passport
Your passport must be valid for at least 6 months beyond your intended date of entry into the United States.
• Proof of Relationship
Evidence proving the validity of your relationship including photographs, social media posts, statements from friends, pastor or family members
• Affidavit of Financial Support By Your U.S. Citizen Fiancé(e)
Document signed in black ink by your U.S. citizen fiancé(e) stating that they will support you financially while you’re in the United States. Your partner will also need to supply proof of income, which may include pay stubs and a federal tax return.
Applying for and successfully receiving a K-1 visa can be a struggle if you are unfamiliar with USCIS procedures and regulations. If you want to make sure your marriage plans proceed as smoothly as possible, you should strongly consider seeking help from an experienced K-1 visa attorney who can help with every aspect of the visa application process, from initial filing to documentation review, to even the interview process.
Learn More:
• What’s The Difference Between a K-1 and a Spousal Visa?
• The Basics of Obtaining a K-1 Fiancé(e) Visa
If you are married or engaged to a U.S. citizen and want to move to the United States, contact the experienced immigration K-1 visa lawyers at Godoy Law Office. Please contact our office or call us at 630-912-0322.
AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
