How Can I Begin the Process to Receive a K-1 Visa for My Fiancé?
As compassionate and knowledgeable immigration lawyers, we fully understand that you are eager to begin your life together in the United States. When you live in a vibrant, international community like North Hollywood, California, navigating the immigration process to bring your fiancé (e) to the United States can feel overwhelming.
The valid legal path to securing a K-1 visa involves a series of careful steps, starting with the submission of a petition to the U.S. government.
At Lemberg & Castro Law, we fully understand the complexities of navigating the U.S. immigration system. We know you want clear answers about what to do next. We take your immigration needs very seriously and will work diligently and patiently to guide you through the essential steps in the K-1 fiancé(e) visa process.
Establishing Your Fiancé’s Eligibility for the K-1 Visa is the first step in any immigration matter, as it confirms that you and your fiancé meet the basic immigration criteria. The K-1 nonimmigrant visa is specifically for the foreign-citizen fiancé (e) of a U.S. citizen. It allows a foreign citizen to travel to the U.S. and marry their citizen sponsor within 90 days of arrival.
Who Must Petition and What Are the Key Requirements?
The U.S. citizen sponsor must start the process. They file the initial petition with U.S. Citizenship and Immigration Services (USCIS), who look for four core requirements, which are:
- U.S. Citizenship: The petitioner must be a U.S. citizen; permanent residents are not eligible to file a K-1 petition.
- Intent to Marry: Both parties must be legally free to marry and must intend to marry each other within 90 days of the foreign fiancé (e)’s entry into the U.S.
- In-Person Meeting: The couple must have met in person at least once within the two years immediately preceding the filing of the petition, although limited exceptions exist.
- Financial Support: The U.S. citizen must demonstrate that they can financially support their fiancé(e) and won’t rely on the U.S. government for financial aid. This means meeting or exceeding the minimum income requirement set by the Federal Poverty Guidelines.
- Our Diligent Lawyers Recommend: gathering clear evidence of your relationship’s history as soon as possible. Photos, travel itineraries, and correspondence logs help prove the relationship is genuine.
Filing the Petition for Alien Fiancé (e) (Form I-129F).
The formal process begins when the U.S. citizen files Form I-129F, Petition for Alien Fiancé (e), with the appropriate USCIS lockbox facility. Our skilled immigration lawyers will always ensure that this petition is complete and well-supported.
But filing Form I-129F requires more than just the form itself. You must also include robust supporting documents, such as:
- Proof of the U.S. citizen’s status.
- Evidence that both parties are legally free to marry, which often means divorce decrees or death certificates for any prior marriages.
- Signed statements from both parties confirming their intent to marry within the 90-day window.
- Evidence of the bona fide relationship, including proof of the in-person meeting.
If the U.S. citizen lives near North Hollywood, their filing location is determined by their place of residence, and the petition is sent to a USCIS service center for processing. Accuracy and thoroughness are invaluable at this point and will help prevent delays, such as a Request for Evidence (RFE), which can significantly slow down your case.
Consular Processing and the Visa Interview
Once USCIS approves the Form I-129F, the National Visa Center (NVC) takes over. They assign a case number and forward the approved petition to the U.S. Embassy or Consulate where the foreign fiancé (e) lives and will apply for the visa.
Preparing for the Interview.
The foreign fiancé (e) must then complete the Online Nonimmigrant Visa Application, Form DS-160. They must also undergo a required medical examination with an authorized physician on the panel.
The final significant step before travel is the visa interview at the U.S. Embassy or Consulate. The consular officer will review the application and documents, conduct background checks, and determine if the applicant is eligible for the K-1 visa. This interview is a critical moment where the fiancé (e) must confidently demonstrate the legitimacy of their relationship and meet all admissibility requirements.
Traveling to the U.S. and the 90-Day Marriage Requirement.
If the K-1 visa is granted, the foreign fiancé receives a single-entry visa valid for up to six months. The next step is to travel to the U.S. and seek admission at a port of entry.
Upon arrival, the foreign fiancé (e) is admitted to the U.S. in K-1 nonimmigrant status for exactly 90 days.
Marriage in California: State Law Requirements
The most important rule of the K-1 visa is that the couple must marry the U.S. citizen petitioner within those 90 days. If the couple fails to marry within this timeframe, the foreign fiancé’s K-1 status expires, and they fall out of status.
Since many of our clients plan to marry right here in the Los Angeles area, they will need to comply with California state marriage laws.
While immigration law is a federal matter, the validity of the marriage is governed by California state law.
Key requirements for marriage in Los Angeles County, which includes North Hollywood, involve:
- Obtaining a Marriage License: The couple must obtain a marriage license from the Los Angeles County Registrar-Recorder/County Clerk. Both parties must be present to apply for a public license.
- Have Proper Legal Capacity: Both parties must have the legal capacity to enter into a marriage contract. This includes being at least 18 years old. California law addresses minors; however, for a K-1 visa, both must be legally free to marry, which generally means being over 18 or having met the complex parental consent and court order requirements for minors.
- Prohibited Marriages: California law prohibits marriages that are incestuous or polygamous. The marriage must be legal where it takes place.
- No Residency Requirement: California does not require applicants to be state residents or U.S. citizens to obtain a marriage license. This is a benefit for those arriving on a K-1 visa.
If you are planning a wedding near North Hollywood, remember that obtaining the marriage license is a non-negotiable legal step that must be completed before the ceremony.
Applying for Permanent Residence (The Green Card).
Marrying within 90 days is only the first part of the final step. To obtain a Green Card and become a lawful permanent resident, the foreign spouse must then file for Adjustment of Status (AOS) with USCIS. This involves submitting other specific forms, along with the proper supporting evidence.
The process involves proving the K-1 admission, the marriage to the petitioning U.S. citizen, and demonstrating admissibility for permanent residence. This stage often includes an interview with a USCIS officer, which typically takes place at a local field office, such as the one serving the Los Angeles area.
What is Conditional Residency?
If the couple was married for less than two years when the Form I-485 is approved, the foreign spouse receives Conditional Permanent Resident (CPR) status, and their Green Card is valid for only two years.
Our empathetic and thorough immigration lawyers will then assist our clients with filing Form I-751, Petition to Remove Conditions on Residence, in the 90-day window before the two-year Green Card expires. This is another opportunity for the couple to demonstrate their marriage is still bona fide.
A Compassionate and Experienced Approach to Your K-1 Journey.
The journey to bring your fiancé to North Hollywood is a significant one, involving federal immigration law and local California requirements. Our highly experienced lawyers know that the stack of forms and the required wait times can cause anxiety.
Our Los Angeles law firm was founded by an immigrant, and we take your immigration needs very seriously. We approach every case with the compassionate, empathetic, and knowledgeable guidance you deserve. Our legal team would be proud to extend that legal knowledge to you throughout the entire process of your immigration case.
If you are preparing to file a K-1 visa petition or need assistance with adjusting your status in the Los Angeles area, let us help you pursue your goal of building a life together in the U.S. Contact Lemberg & Castro Law today to schedule a consultation. Call us at 213-583-5737.
