K-1 Visa

There are many ways for foreign nationals to get permanent residence, or a green card, in the United States. One option is for the foreign national to ask a U.S. citizen or lawful permanent resident (LPR) relative to sponsor the national for the green card. In Wisconsin, there are many residents in our communities who have foreign national relatives whom they wish to bring to the U.S. so that they too can enjoy all of the wonderful opportunities Wisconsin has to offer. In particular, there are many people in Wisconsin who wish to marry a foreign national and bring the national to the United States. To bring a foreign fiancé to the U.S., the fiancé must obtain a K-1 visa. For assistance with this process, you should consult Wisconsin immigration lawyer Spiro Nicolet at Attorney Spiros Stavros Nicolet.

To qualify for a K-1 visa, the fiancé must be coming to the U.S. to marry a U.S. citizen. An LPR cannot sponsor someone for this type of visa. Additionally, the foreign national must be able to prove that he or she is legally able to marry. This means that he or she is not already married, is not a close blood relative of the U.S. citizen intended spouse, has not been declared incompetent to enter into marriage, and is of the required age. The foreign national also must show that he or she has met the U.S. citizen intended spouse within the past two years, although this requirement can be waived if it conflicts with cultural customs.

If the fiancé meets all of these qualifications, the next step in seeking the visa is to file the K-1 application, which is called the Form I-129F Petition. The fiancé or U.S. citizen intended spouse submits the Form I-129F to U.S. Citizenship and Immigration Services (USCIS). The Form I-129F must include proof of the intended spouse’s U.S. citizenship, proof that the couple is free to marry, and proof that they met within the past two years, unless exempted for cultural reasons.

After USCIS approves the Form I-129F, USCIS send the petition to the National Visa Center, which then forwards it to the U.S. consulate in the fiancé’s home country. The fiancé is required to have a visa interview at the consulate, and the consulate will inform the fiancé of the documents needed for the interview, which include a medical examination and passport photos, as well as the date and time of the interview.

At the interview, the consulate officer questions the fiancé about the impending marriage. After the officer is satisfied that the fiancé truly intends to marry the U.S. citizen intended spouse, the officer puts the K-1 visa into the fiancé’s passport.

After the fiancé has the K-1 visa, the fiancé can use that visa to enter the United States in order to marry the U.S. citizen. It is critically important that the couple get married within 90 days of the fiancé’s entry into the United States. The failure to get married within this timeframe causes very serious immigration implications. After the couple is married, the (now) spouse of the U.S. citizen can immediately apply for the green card.

If you are seeking to bring your future spouse to the United States, you will want to make sure that the complicated process flows smoothly. It is essential to seek the guidance of a Wisconsin immigration attorney, who can explain in more detail all of these applications associated with the K-1 visa and the green card. Contact Attorney Spiros Stavros Nicolet at (773) 562-6884 or via our online form to start discussing how you can bring your future spouse to the United States.