K-1 Fiancé Visa Lawyer

K1 Fiancé Visa Information – Fiancé Visa Lawyer

A K-1 or fiancé visa is a nonimmigrant visa that allows the fiancé of an American citizen to travel to the United States for the purpose of marrying a U.S. citizen and immigrating to the country. This visa category was created specifically to help couples who have established genuine relationships across international borders to unite and build their lives together in America. The K-1 visa is one of the most popular immigration pathways for international couples, with tens of thousands of visas issued annually by the U.S. Department of State.

Once your fiancé enters the United States on a K-1 visa, the U.S. citizen petitioner must marry the foreign citizen beneficiary within 90 days. This 90-day requirement is strictly enforced, and failure to marry within this timeframe means your fiancé must leave the country. After the marriage takes place, the now-spouse is eligible to stay in the United States and apply for permanent residency, also known as a green card, through a process called adjustment of status.

The K-1 visa process involves multiple government agencies, including U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Embassy or Consulate in your fiancé's home country. Understanding how these agencies work together and what each requires is essential for a successful petition. At Modern Law Group, we have guided over 10,000 couples through this process and understand the nuances that can make the difference between approval and denial.

Fiancé Visa Requirements

To qualify to petition the U.S. government for a K-1 fiancé visa, you must meet several specific requirements established by U.S. immigration law. These requirements exist to ensure that couples have legitimate relationships and that the foreign fiancé will not become a public charge upon arrival in the United States. The basic requirements are:

• Be a U.S. citizen (green card holders cannot petition for fiancé visas).
• Have met your soon-to-be spouse in-person within the past two years.
• Both parties must be legally free to marry.
• Demonstrate that you can financially support your fiancé at 100% of the federal poverty guidelines.
• Have no disqualifying criminal history, or obtain a waiver if applicable.

Your fiancé cannot petition for him- or herself. A U.S. citizen must petition the government for this visa by filing Form I-129F, Petition for Alien Fiancé(e). The petitioner takes on significant legal responsibilities, including sponsoring the fiancé financially and ensuring compliance with all immigration requirements. Here's a closer look at each requirement and what it means for your case.

The U.S. Citizen Requirement for Fiancé Visas

Currently, the K-1 visa is only available to fiancés of U.S. citizens. This is a strict requirement with no exceptions. If your fiancé is a lawful permanent resident (green card holder) rather than a citizen, you cannot use the K-1 fiancé visa pathway. Your alternative in that situation is a marriage visa, also known as a CR-1 or IR-1 spousal visa, which requires you to marry first in a location where both parties can legally be present, and then apply for the spouse to immigrate.

U.S. citizenship can be established through birth in the United States, birth abroad to U.S. citizen parents, or through the naturalization process. You will need to provide proof of your citizenship when filing the K-1 petition, such as a U.S. passport, certificate of naturalization, or birth certificate showing birth in the United States.

Meeting in Person Prior to Your Marriage

One of the most critical requirements for the K-1 visa is the in-person meeting requirement. You must have physically met your fiancé in person within the two years immediately preceding the filing of your petition. This requirement exists to prevent fraudulent marriages arranged entirely online without the parties ever meeting. The government wants to ensure that you have spent meaningful time together and can verify that your relationship is genuine.

Seeing your fiancé on video calls, communicating regularly via text or email, or speaking on the phone does not satisfy this requirement, no matter how extensive that communication has been. You must have been physically present in the same location at the same time. Brief meetings count—even a short visit of a few days is sufficient—but you must be able to prove the meeting occurred.

Waivers for the In-Person Meeting Requirement

In limited circumstances, the in-person meeting requirement can be waived. Your attorney can help you request a waiver if meeting in person would violate strict and long-established customs of your or your fiancé's culture or social practices. This exception typically applies to couples from cultures with arranged marriage traditions where meetings before engagement are forbidden.

A waiver may also be available if meeting in person would cause extreme hardship to the U.S. citizen petitioner. This could include situations where the petitioner has a serious medical condition that prevents travel, or where travel to the fiancé's country would pose genuine dangers. These waivers are granted sparingly, and you should consult with an experienced immigration attorney to determine if your situation qualifies.

Being Free to Marry

Being legally free to marry means that both you and your fiancé must be single, divorced, or widowed at the time you file the petition. If either party is currently married, even if separated, you cannot file for a K-1 visa. This applies equally to both the U.S. citizen petitioner and the foreign fiancé.

If you have a pending divorce, you must wait until the divorce is legally finalized before submitting your K-1 petition. USCIS will require proof that any prior marriages have been legally terminated. This typically means providing divorce decrees, death certificates for deceased spouses, or annulment documents. All documents must be official copies, and foreign documents must be accompanied by certified English translations.

It's important to note that some countries make divorce difficult or impossible. In such cases, you'll need to work with your attorney to determine what documentation the U.S. government will accept as proof that you or your fiancé is free to marry under the laws of the relevant jurisdiction.

Proving You Can Financially Support Your Fiancé

Financial sponsorship is a critical component of the K-1 visa process. You must demonstrate that you can support your fiancé at 100% of the federal poverty guidelines based on your household size. For 2024, this means an annual income of approximately $24,650 for a household of two (you and your fiancé), though this amount is adjusted annually and varies based on household size and location.

There are several ways to meet the financial requirement:

• Employment Income: Your salary, wages, or self-employment income as shown on recent tax returns and pay stubs.
• Assets: If your income alone doesn't meet the threshold, you can use assets such as savings accounts, real estate equity, or investment accounts. Generally, assets must be worth at least three times the difference between your income and the poverty guideline amount.
• Joint Sponsor: A joint sponsor is another U.S. citizen or permanent resident who agrees to be financially responsible for your fiancé. The joint sponsor must meet the income requirements independently and will sign Form I-134, Affidavit of Support.

For the K-1 visa stage, you'll submit Form I-134 as an initial affidavit of support. After marriage, when applying for adjustment of status, you'll need to file the more binding Form I-864, which creates a legally enforceable obligation to support your spouse until they become a U.S. citizen or can be credited with 40 quarters of work.

Criminal History and the Fiancé Visa

Both the U.S. citizen petitioner and the foreign fiancé are subject to criminal background checks as part of the K-1 visa process. Criminal history can complicate your case but does not necessarily make approval impossible.

Petitioner Criminal History

Under the International Marriage Broker Regulation Act (IMBRA), petitioners with certain criminal histories face additional requirements. If you have been convicted of specified crimes, including domestic violence, sexual assault, child abuse, or crimes involving controlled substances, this information must be disclosed to your fiancé and will be reviewed carefully by USCIS.

Petitioners convicted of specified violent crimes may need to demonstrate rehabilitation or file a waiver request. If you have more than three drug- or alcohol-related offenses (even misdemeanors), you will need to address these in your petition. An experienced fiancé visa attorney can help you present your case in the most favorable light and navigate any waiver requirements.

Fiancé Criminal History and Inadmissibility

Your fiancé must meet admissibility requirements to enter the United States. Certain criminal convictions can make your fiancé inadmissible, including:

• Crimes involving moral turpitude (theft, fraud, assault with intent to harm)
• Multiple criminal convictions with aggregate sentences of 5 years or more
• Drug trafficking or possession offenses
• Prostitution or commercialized vice

If your fiancé has any criminal history, it's essential to consult with an immigration attorney before filing. In many cases, waivers of inadmissibility are available, but the process requires careful documentation and legal argument. Modern Law Group has extensive experience helping couples overcome criminal history obstacles and can evaluate whether a waiver is likely to succeed in your situation.

K-2 Visas for Children of Your Fiancé

If your fiancé has unmarried children under the age of 21, they may be eligible to accompany your fiancé to the United States on K-2 derivative visas. The K-2 visa is designed to keep families together by allowing the minor children of K-1 visa holders to immigrate along with their parent.

To qualify for a K-2 visa, the child must:

• Be under 21 years of age at the time of visa issuance
• Be unmarried
• Be the biological or legally adopted child of the K-1 beneficiary

K-2 children are included in the original I-129F petition. They will undergo their own visa interviews and medical examinations at the U.S. Embassy. After arriving in the United States, K-2 children can apply for adjustment of status to become permanent residents, though this process is tied to the parent's marriage to the U.S. citizen petitioner and subsequent adjustment of status filing.

It's important to note that the U.S. citizen petitioner is not required to adopt the K-2 children, but will become their stepparent upon marriage. The petitioner's financial support obligations extend to the children as well, which affects the income requirements for the Affidavit of Support.

How the K-1 Visa Process Works With Modern Law Group

After you hire Modern Law Group, your case is assigned to a dedicated caseworker who's familiar with your fiancé's country. We carefully match cases to caseworkers based on language skills and regional expertise. Generally, caseworkers speak the same languages as the beneficiaries we work with, making communication smooth and ensuring nothing is lost in translation. From there:

• We give you and your fiancé access to our secure client portal, where you can enter your personal information and upload required documents. This system keeps your sensitive information protected while allowing real-time collaboration on your case.
• Your caseworker gathers all necessary documentation and completes the required forms using the information you provide, including Form I-129F and supporting evidence. The caseworker then sends the completed package to a supervisor for quality review.
• Our team sends you the fiancé visa forms to review and sign, explaining each document so you understand what you're submitting.
• You sign and return your forms to our office with the current USCIS filing fee.
• We assemble your complete K-1 visa petition and submit it to your Immigration Attorney for final review and signature.
• We file your completed fiancé visa petition with U.S. Citizenship and Immigration Services on your behalf and begin tracking your case through the system.

The whole process is designed to be seamless – you don't need to worry about anything but providing us with accurate information through our secure portal. Our team handles everything for you, from preparing forms to filing with USCIS and tracking your case status. We keep you informed at every stage and are always available to answer questions.

Fiancé Visa Timeline and Wait Times

Understanding realistic timeline expectations helps you plan your future together. Usually, the entire K-1 fiancé visa process takes between 12 to 18 months from filing to visa issuance, though processing times vary based on USCIS workloads, embassy backlogs, and individual case factors. Here's a detailed breakdown of each stage:

Our team works on the fiancé visa forms for the U.S. embassy stage, including Form I-134 (Affidavit of Support) and Form DS-160 (Nonimmigrant Visa Application). We complete these forms quickly and accurately to prevent delays in your case.

Preparing for the Fiancé Visa Interview

The visa interview at the U.S. Embassy is often the most stressful part of the K-1 process for couples, but proper preparation makes a significant difference. After your fiancé completes their medical exam and our firm has prepared all required forms, the Embassy schedules the interview.

During the interview, a U.S. consular officer will review all documents related to your petition and evaluate whether your relationship is genuine. The officer is trained to identify potential fraud and will ask questions designed to verify the legitimacy of your relationship.

Common Interview Questions

Your fiancé should be prepared to answer questions such as:

• How and where did you meet your fiancé?
• How long have you been in a relationship?
• How many times have you met in person, and when?
• What are your plans for the wedding?
• Where will you live after the marriage?
• What does your fiancé do for work?
• Have you met each other's families?
• What are your fiancé's hobbies and interests?

Evidence to Bring to the Interview

In addition to required documents (passport, forms, medical exam results), your fiancé should bring evidence of your relationship, including:

• Photographs together from visits
• Records of communication (call logs, chat screenshots)
• Travel records showing visits to each other
• Cards, letters, or gifts exchanged
• Evidence of meeting family members

Common Issues and How to Avoid Them

Through our experience with over 10,000 K-1 visa cases, we've identified the most common issues that cause delays, requests for additional evidence, or denials:

Insufficient Relationship Evidence

Many couples underestimate how much evidence they need to prove their relationship is genuine. USCIS and consular officers want to see a pattern of ongoing communication and visits over time. Couples who met recently or have limited documentation often face additional scrutiny.

Income Shortfalls

Failing to meet the income requirements is a common problem. Review your eligibility carefully before filing, and consider using a joint sponsor if your income is borderline. Submitting incomplete financial documentation causes delays.

Prior Immigration Violations

If your fiancé previously overstayed a visa or violated U.S. immigration law, this can complicate the case significantly. Full disclosure and proper documentation of the circumstances is essential.

Errors on Forms

Simple mistakes like inconsistent dates, misspelled names, or missing signatures can result in rejection or requests for evidence. Working with an experienced immigration firm helps ensure your forms are complete and accurate.

Missing the 90-Day Marriage Deadline

After your fiancé arrives in the United States, you must marry within 90 days—no extensions are available. Plan your wedding before your fiancé arrives to ensure you meet this deadline.

What Happens After K-1 Fiancé Visa Approval?

After your fiancé has the K-1 visa, they are free to travel to the United States. The visa is typically valid for a single entry within 6 months of issuance. If your fiancé doesn't use the visa within 6 months, it expires and you must start the entire process over again from the beginning.

Upon arrival at a U.S. port of entry, your fiancé will present the visa and sealed packet of documents to Customs and Border Protection officers. After admission, the 90-day clock begins. You must marry within this period—there are no extensions, and failure to marry means your fiancé must leave the country.

Applying for a Conditional Green Card Through Adjustment of Status

After you and your fiancé marry, your spouse becomes eligible for lawful permanent residency (a green card) in the United States. This is accomplished through a process called adjustment of status, which involves filing Form I-485 with USCIS along with supporting documentation.

Lawful permanent residency allows your spouse to live and work anywhere in the United States without restrictions, travel internationally with a reentry permit, and eventually apply for U.S. citizenship (though naturalization is never required). When your spouse's adjustment of status is approved, they will receive a green card as proof of their permanent resident status.

Because you will have been married less than two years at the time of approval, your spouse will receive a conditional green card valid for 2 years. The conditional nature means your spouse must petition to remove conditions within the 90-day window before the card expires.

To remove conditions, you and your spouse must jointly file Form I-751 and prove that your marriage was entered in good faith and continues to be genuine. If you fail to file before the conditional green card expires, USCIS will initiate removal (deportation) proceedings against your spouse, so filing on time is absolutely essential. After approval, your spouse receives a standard 10-year green card.

Why Choose Modern Law Group for Your Fiancé Visa?

Choosing the right immigration attorney can make all the difference in your K-1 visa journey. Here's why thousands of couples trust Modern Law Group:

• Proven Track Record: Over 10,000 successful visa approvals and counting. We know what works and how to present your case for the best possible outcome.
• Dedicated Case Workers: You'll work with a caseworker who specializes in your fiancé's country and speaks their language, ensuring clear communication and cultural understanding.
• Full-Service Representation: We handle everything from initial petition through embassy interview preparation and adjustment of status after marriage.
• Transparent Process: Our secure client portal lets you track your case status, upload documents, and communicate with your team anytime.
• Expert Legal Review: Every petition is reviewed by a licensed immigration attorney before filing, minimizing errors and maximizing approval chances.
• Responsive Support: We understand that separation is difficult. Our team is accessible by phone, email, and text to answer your questions and ease your concerns.

Additional Fiancé Visa Video Information

• Fiancé Visa Attorney Overview
• K-1 Fiancé Visa vs Marriage Visa

Do You Need to Talk to a Fiancé Visa Attorney?

If you're a U.S. citizen who wants to bring your fiancé to the United States, we are here to help. The K-1 visa process is complex, and having experienced legal guidance significantly improves your chances of a smooth approval. Whether you're just beginning to explore your options or ready to file your petition, our team can answer your questions and guide you through every step.

Call our office today at (888) 902-9285 for a free case review. We'll evaluate your situation, explain your options, and help you understand the path forward. Let Modern Law Group help you bring your loved one to America and start your new life together.