k-1 fianCÉ(E)VISAS

    Overview

    In order for the K-1 visas to be approved, the petition must submit satisfactory evidence, to the discretion of the Secretary of Homeland Security, that the parties have previously met in person within 2 years before the date of filing the petition and have a bona fide intention to marry. The parties must also submit evidence that they are legally able and actually willing to conclude a valid marriage in the United States within a period of 90 days after the alien's arrival. 


    The Secretary of Homeland Security may waive the requirement that the parties have previously met in person, in his discretion. If you are applying for a waiver to show that you and your Fiancé(e) were unable to meet previously, you must provide sufficient evidence to show that (1) meeting each other would violate the long-established customs of your or your fiancé(e)’s foreign culture or social practice, or (2) meeting each other would result in extreme hardship to you, the petitioner.​

    Path to Permanent Residence

    After the marriage, your fiancé(e) may immediately apply for adjustment to lawful permanent resident status. During the adjudication process, USCIS will conduct background checks on both parties, including fingerprint checks on the foreign spouse, and may interview both spouses. If by the time the adjustment of status is approved, you are married for less than two years, your fiancé(e) will be granted conditional permanent resident status and issued a Permanent Resident Card (commonly known as a Green Card) valid for 2 years.

    Conditions on the green card must be removed or the conditional permanent resident will lose lawful permanent resident status and be subject to removal from the United States. To remove conditions, Form I-751 must be submitted to USCIS within 90 days prior to the end of the two-year conditional permanent resident period.  Both spouses should file for the removal of conditions jointly. If you are unable to, there may be exceptions that would apply. During this adjudication process, USCIS will conduct another background check and a fingerprint check on the foreign spouse, and may interview both spouses to ensure that the marriage was bona fide before granting the removal.

    What We Can Do For You
    • Verify that you have all the information needed to petition for your fiancé(e) to enter the U.S. including:
    • (a) You and your fiancé(e) are both free to marry and any previous marriages have been legally terminated
    • (b) You met each other, in person, at least once within 2 years of filing your petition. In the event that you were unable to satisfy this requirement because of (1) custom, or (2) extreme hardship to you, our firm will file a waiver as a part of your package to petition for your fiancé(e)

    • Complete and submit Form I-129F, including the necessary information to obtain K-2 visas for your fiancé(e)'s children, if applicable.

    • Complete and submit for I-765, Application for Employment Authorization, for your fiancé(e) 

    • After the marriage, our firm can file the I-485 to Adjust Status for your fiancé(e) to obtain his/her conditional green card. Two years later, we can file the I-751 to remove the conditions on the green card for your fiancé(e). 
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