K-1 Fiancé(e) Visa

Trusted Chicago K-1 Fiancé(e) Visa Attorneys

The K-1 visa allows legal entrance to the U.S. for nonresidents who are engaged to be married to a U.S. citizen. Upon entrance to the U.S., the K-1 visa recipient can marry and apply for a green card.

K-1 visas by nature have a high rate of denial and as a result, it is critical to correctly complete your application - which means you want your application in experienced, capable hands.

SimVisa connects those applying for the K-1 visa to a dedicated immigration lawyer for K-1 visas. Every K-1 visa lawyer at SimVisa has over a decade of experience helping clients in Chicago and across the country successfully navigate the visa application process. 

What Is K1 visa?

A K1 visa is described as a "fiancé visa" because it allows a foreign national fiancé to enter the U.S. to marry their U.S. citizen fiancé. A K-1 fiancé visa is best described as an immigrant visa because the foreign spouse can remain in the U.S., gain permanent residency, and pursue United States citizenship after the marriage. A K-1 fiancé visa requires the couple to marry within 90 days of the future spouse entering the country.

Who Is Eligible for K-1 Fiancé(e) Visa?

The K-1 visa is available through the United States Citizenship and Immigration Services (USCIS). The individual who has U.S. citizenship applies for the K-1 visa on behalf of their fiancé. The applicant must demonstrate eligibility by offering proof of four key points: 

• They are a U.S. citizen
• They have plans to marry within 90 days of their fiancé’s entrance to the U.S.
• They can legally marry their fiancé (neither party is currently married)
• They have met their fiancé in person at least once in the past two years (some exceptions apply)

At this time, the K-1 visa is only available to the fiancé of a U.S. citizen. Lawful permanent residents (green card holders) can instead opt for a marriage visa, also known as the CR-1 spousal visa. 

However, the marriage visa doesn't allow for a fiancé to travel to the U.S. Instead, the couple must first be married before the fiancé enters the U.S. If you're a green card holder with a fiancé overseas, an immigration lawyer for a fiancé visa can help you explore your options.

K-1 Visa Process

Applying for a K-1 visa involves multiple steps dealing with USCIS, the National Visa Center, a U.S. Consulate, and finally once again with USCIS. Most applicants will move through the following steps:

• Submit the visa petition (Form I-129F) and proof of eligibility to USCIS
• Upon USCIS approval, the visa is forwarded to the National Visa Center where the visa application is completed online
• Following the completion of the application, the overseas fiancé attends a visa interview, provides documents, and completes a medical exam
• Upon approval of the K-1 visa, the fiance is allowed a single entry into the U.S.
• Within 90 days of entry, the couple must formally get married
• Following the marriage, the couple must file to receive permanent resident status

By definition, unmarried couples will lack the evidence typically found in married couples to prove the bona fides of a relationship. They typically will not have a shared residence, they will not necessarily have joint financial accounts, and oftentimes, as a result of living abroad, will lack the consistent interactions typically found in married relationships. For these reasons, K-1 visas have historically had a very high rate of denial.  Failure to assemble the strongest possible application will lead to potential delays or even possibly prevent your fiance from entering the U.S.

It's strongly recommended that you work with an experienced immigration lawyer. Fiancé visas mark the start of your life together in the U.S., and applying without a lawyer can put your marriage at risk and cost you thousands of dollars. It's smarter — and safer — to work with a K-1 visa lawyer from the start.

How We Can Help with Your Fiancé(e) Visa?

When you have wedding plans, a fiancé visa can be critically important. When you propose to a foreign national and seek a K-1 fiancé visa, timing becomes crucial. An experienced immigration attorney can help you get your fiancé visa filed and approved so you can start your new life together.

Some steps we conduct to help you with your fiancé visa include:

• Holding an initial consultation to evaluate your case for a fiancé visa
• Preparing and filing a K-1 fiancé visa petition
• Helping you gather and organize the documents required for the visa process
• Once USCIS approves the petition, guiding you in completing the DS-160 Visa Application Form
• Helping you schedule and prepare for the fiancé visa interview
• Responding to any requests for evidence (RFEs) from USCIS
• Representing you and your foreign national fiancé to respond to or appeal any denials

Our immigration attorneys understand how important the visa petition and application process are to your future together. We fight hard to address any potential issues and avoid common pitfalls during the visa process so you can proceed with your wedding plans.

Contact Our K-1 Visa Lawyers Today!

At SimVisa, we have years of experience in the fiancé visa application process. We understand how important your marriage plans are — and our job is to make them a reality.

‍Contact SimVisa to speak with a K-1 visa lawyer today.