Chicago K-1 Fiancé Visa Attorney

Proudly Providing Legal Guidance to Clients Interested in Fiancé(e) Visa / K-1 Visa Law in Chicago, Illinois

Citizens of the United States who want to enter into marriage with a foreigner might feel hopeless, but luckily, there is a visa designed for this very process known as the “fiancé visa.” The K-1 visa is used to allow citizens to bring their intended spouses into the United States in order to get married.

The K-1 visa is only valid for 90 days. That means that you must marry within 90 days of your fiancé(e) entering the United States. Otherwise, the visa expires, and your foreign national fiancé will have to return to their home country. You should also note that the K-1 visa does not automatically transfer into lawful permanent resident status (a green card) after you are married. Your new spouse will have to apply for their legal permanent resident status in addition to being approved for the original K-1 visa.

This immigration process can be fairly complicated, and it’s always a good idea to hire someone who understands how to navigate the process and the applicable laws. An experienced immigration attorney can help you better understand how to best apply for a fiancé visa as well as how to approach the green card process once you are married. The latter can be an especially arduous process, and you should have someone on your side who is familiar with the law and can help you navigate the tricky application process. We understand what an exciting and worrying time this can be, and we’re ready to work with you to help increase your chances of a speedy resolution.

What Are the Foreign National Fiancé Visa Requirements?
As the individual petitioning for the issuance of a K-1 visa, you are also subject to certain requirements. 

To apply for the visa, for example, you must meet the following:

• Be a U.S. citizen
• Have met your intended spouse – face-to-face – within the past two years
• Be legally able to marry. You and your intended must be either single or divorced from prior marriages
• Meet certain financial requirements
• Have a serious intention to get married within 90 days of your fiancé(s)’s arrival
• Have no prior immigration violations

Failure to meet any of these requirements can result in your request being denied or, in the process, slowing down quite a bit.

What is the National Visa Center (NVC)?

After you have confirmed that you meet the eligibility criteria for a foreign national fiancé visa, you must begin the visa process. The first step is for the U.S. citizen petitioner to file form I-129F, the petition for alien fiancé, with the USCIS. The form should include evidence of the relationship, such as travel records, communication history, and photographs of you two together. The USCIS will review the petition for alien fiancé and the supporting documentation to determine if you meet the eligibility requirements.

If the USCIS approves you, they will send the approved petition to the National Visa Center for additional processing. The national visa center will process your application and then send a package to the foreign national fiancé(e) containing instructions on how they should apply for a K-1 visa. This package typically includes additional forms, a list of documents required to continue with visa processing, and instructions on how to submit these documents and forms. The national visa center gives a case number to the immigration case and forwards the petition to the consulate or U.S. embassy in the fiancée’s home country. This stage of the visa process typically takes up to a month to resolve.

From there, the fiancé must apply for the K-1 visa at their U.S. embassy or consulate. They will be required to attend a visa interview to prove the bona fide nature of your relationship and provide all required documents. After the visa interview, the foreign national fiancé must undergo a thorough medical examination to ensure that they meet the basic health standards for legal entry into the United States. Another part of the visa application process involves a consular officer conducting background checks to ensure that the foreign fiancé has no prior marriages, or their marriages have been legally terminated and that they have no security or safety concerns that would disqualify them from visa issuance.

After the visa interview, a counselor officer may approve the visa, and the fiancé will then receive a K-1 visa stamp on their passport. At this point, they will be allowed to travel to the United States within the validity period of the visa, which usually lasts about six months. Regardless of how long the visa lasts, after arriving in the country, the United States citizen and the foreign national must marry within 90 days.

How Can a Chicago Fiancé Visa Lawyer Help You with Your Immigration Case?

Fiancé visa attorneys can be valuable legal assistance to both the citizen petitioner and their foreign fiancé. Hiring an experienced Chicago fiancé visa lawyer can make all the difference between delays or potential denials in your visa application and a happy outcome where you are able to marry your foreign spouse.

Our legal team has years of experience helping foreign nationals and their U.S. citizen partners apply for and fight for their right to marry in the United States. We will help you navigate the complex immigration laws and provide knowledgeable legal advice throughout the visa process.

Every immigrant visa application involves several forms and required documents. An attorney from our law firm will assist in filling out, compiling, and filing all necessary documentation to ensure a successful visa application.

Visa interviews can be nerve-wracking ordeals, as this is a critical step in determining whether your visa application will succeed. A lawyer from our Chicago law office will assist with interview preparation to help you feel more confident and well-equipped to ace the interview.

Those who opt to apply for a visa without legal representation tend to have a more difficult and time-consuming legal process. We can help streamline the immigration process so you can pursue your immigration goals more easily.

What is the Application Process for Fiancé Visas?

It should be noted that the application process for a K-1 visa is not the quickest process to begin with. There are several steps that must be taken before the visa is issued, and not all of them are reliant on the petitioner. Your fiancé will also be required to take steps of their own in order to ensure that they have the best chance possible of being approved for the visa.

First of all, the citizen applying for the petition will fill out paperwork with the United States Citizenship and Immigration Service (USCIS). This is done in the United States. Only after the USCIS has approved the paperwork will things move along to the next step. This second step occurs when your case is transferred to the United States embassy in the home country of your fiancé. They will be required to take a medical exam and fill out paperwork to ensure that they are eligible to enter the United States. Your fiancé will also need to complete an interview with the United States consulate/embassy. After all of these steps have been completed, their visa will be either approved or denied.

In general, this process takes anywhere from five to eight months. This will change depending on your specific case and factors like where you live as well as where your fiancé lives. Other complications that could delay the case include the previous actions of the petitioner. If they have previously filed two or more fiancé visa petitions within their lifetime or have had such a visa approved within two years or less prior to the filing date of the current petition, the process could be delayed, and they might have to seek a waiver in accordance with the International Marriage Broker Regulation Act (IMBRA). Additionally, someone who has been convicted of specific violent crimes or committed sex crimes (especially against a minor) might also need to seek a waiver in order to continue with the petition process.

What Forms and Documents Are Required to Help a Foreign Fiancé Come to the United States with a K-1 Immigrant Visa?

The following forms and documents are required for a successful K-1 fiancé visa application:

• Form I-129F, Petition for Alien Fiancé
• Proof of United States citizenship
• Passport photos of both the citizen petitioner and the foreign fiancé
• Convincing evidence of a bona fide romantic or domestic relationship
• Statement of an intent to marry within 90 days of entering the United States
• Proof of having previously met in person (there are exceptions to this for certain religious practices and other instances)
• Divorce or death certificates if previously married
• Vaccination records and medical examination records
• Police clearance, in certain cases
• Financial support evidence and an affidavit of support
• Visa application form DS-160
• The visa application fee

Schedule a Free Case Evaluation with an Experienced Chicago K-1 Fiance Visa Lawyer Today

Gilliam Law understands how immigration law works. We’re familiar with the K-1 application process and can help you determine how to go about the application and filing process, as well as whether or not you might need to seek a waiver. Contact us today and schedule a consultation to discuss your case and determine the most optimal course of action.

After marrying in the United States, a foreign spouse can become a lawful permanent resident and green card holder. We can assist in this and other legal matters related to your immigration goals.

To discuss our immigration legal services and how we may assist you through the complicated process of bringing your foreign fiancé to the US to marry, please contact our Chicago law firm to schedule your free case evaluation today. You can reach us at 866-511-3422.