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The process of acquiring a fiancé visa might be difficult and complicated if you are a citizen of the United States engaged to a foreign national who resides outside of the country. Because of this, it's crucial to have a knowledgeable Miami fiancé visa lawyer at your side to help you navigate the procedure and make sure your application is completed and submitted correctly. Hubbs Law has successfully assisted clients in securing fiancé visas for their loved ones, and we are prepared to put our knowledge to work for you. Continue reading to find out more about how we may assist you in bringing your fiancé to the US.
What Is A Fiancé Visa?
A K-1 visa, sometimes referred to as a fiancé visa, is a nonimmigrant visa that enables a foreign person who is a U.S. citizen's fiancé to enter the country with the intention of getting married. This visa is intended to make it easier for Americans to reconnect with their foreign fiancé who are residing abroad. Once the fiancé arrives in the country, they have 90 days to wed their citizen petitioner before applying for adjustment of status to become a legal permanent resident.
Your fiancé will be eligible for legal permanent residency (LPR) in the U.S. once you two are married. Your spouse can live and work anywhere in the country as a legal permanent resident and they can eventually petition for citizenship based on your marriage.
How Do I Apply For A Fiancé Visa?
To apply for a fiancé visa, the U.S. citizen petitioner must first file a Form I-129F, Petition for Alien Fiancé, with U.S. Citizenship and Immigration Services (USCIS). The petitioner must provide evidence of their U.S. citizenship, such as a birth certificate or passport, as well as proof of their relationship with their fiancé, such as photographs, letters, and evidence of visits to each other.
The petitioner must also prove that they have met their fiancé in person at least once within the two years prior to filing the petition, or that the requirement to meet in person would result in extreme hardship to the petitioner.
If USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing. The NVC will send the petition to the U.S. Embassy or Consulate in the foreign fiancé's home country.
The fiancé must then apply for a K-1 visa at the U.S. Embassy or Consulate in their home country. They will need to provide documentation such as their passport, birth certificate, police certificate, medical exam results, evidence of financial support, and evidence of the relationship. They will also need to attend an interview at the U.S. Embassy or Consulate and provide certain documents at the interview.
The interview is a crucial stage in the procedure since it is here that the consular official will evaluate the validity of the engagement and decide if the fiancé qualifies for a K-1 visa. If accepted, the fiancé will be given a K-1 visa and be permitted to enter the United States.
What Is The Process Of Obtaining A Fiancé Visa?
The process of obtaining a fiancé visa involves several steps, including:
- Filing a Form I-129F, Petition for Alien Fiancé, with USCIS;
- USCIS processing the petition and sending it to the NVC;
- The NVC forwarding the petition to the U.S. Embassy or Consulate in the foreign fiancé's home country;
- The fiancé applying for a K-1 visa at the U.S. Embassy or Consulate and attending an interview;
- The fiancé entering the U.S. with the K-1 visa and getting married to the U.S. citizen petitioner within 90 days;
- The fiancé applying for adjustment of status to obtain permanent residency;
The entire process can take several months to complete, depending on the processing times at USCIS and the U.S. Embassy or Consulate.
How Is The Process For Applying For A Fiancé Visa Different From Applying For A Green Card?
A green card application differs from a fiancé visa application in several respects. First, unlike the green card, which is an immigrant visa that enables the foreign national to live and work in the U.S. permanently, the fiancé visa is a nonimmigrant visa that enables the foreign fiancé to enter the country for a specified reason (getting married).
Secondly, the process for obtaining a fiancé visa involves two separate applications with two different organizations/agencies: the Form I-129F petition filed by the U.S. citizen petitioner with USCIS and the K-1 visa application filed by the foreign fiancé at the U.S. Embassy or Consulate in their home country. On the other hand, the process for obtaining a green card typically only involves one agency, USCIS, which requires the filing of forms I-130, I-485, and various other forms depending on the circumstances of your case.
Finally, the requirements for obtaining a fiancé visa are different from those for obtaining a green card. For example, to obtain a fiancé visa, the petitioner and the fiancé must provide evidence of their intention to marry within 90 days of the fiancé’s admission into the U.S. In addition, the fiancé must show that they met at least one time in the past two years. In contrast, when applying for legal permanent residency, you are only required to prove that you entered into a “bona fide marriage” with no requirements of how many times you have met in the past two years.
Find An Attorney For Fiancé Visas in Miami, FL
Contact Hubbs Law Firm if you or a member of your family is interested in filing for a fiancé visa. Our Miami immigration attorneys will sit down with you and thoroughly examine the facts of your case. We can offer you guidance on the likelihood, duration, and expense of bringing a loved one to the United States. E.J. and Erika Hubbs will go over every element of your case with you or a member of your family and provide an in-depth legal assessment.
Hubbs Law represents clients in all Miami-Dade County, including South Miami, Coral Gables, Kendall, Homestead, Miami Gardens, Miami Beach, Hialeah, Palmetto Bay, Cutler Bay, and Coconut Grove.
Call Hubbs Law today at 305-570-4802. E.J. and Erika Hubbs will discuss every detail of your case with you or a member of your family and provide a comprehensive legal analysis.
U.S. Department of State – Non-Immigrant Visa for Fiance – Find general information from the State Department regarding fiancé visas including the requirements for a fiancé visa, the documentation required to obtained a fiancé visa, and the estimated waiting period.
U.S. Citizenship and Immigration Services – Download application forms and instructions on filing form I-129F, Petition for Alien Fiance, with USCIS.
Department of Homeland Security – Find more information about the Department of Homeland Security including the location of someone detained by ICE, DHS and ICE immigration policy updates, and office locations for DHS Chief Counsel.
The National Visa Center – Find more information about policies, how to apply for visa, visa application status, download forms, and application costs.
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
So detailed and thorough with getting into the caseKristina Radulovic
"Erika, por mucho, es la mejor abogada de inmigración, me ayudó cuando nadie más lo haría y gracias a todo su trabajo, pude resolver mi asunto de inmigración con la nota personal que te trata como a una familia y la recomi"
Now my children and I are safe and I can’t say enough how amazing and attentive he was to my concerns.Elena Varela