Frequently Asked Questions with the Fiance at Law, Immigration Attorney Erik Morales
Q: What is a fiancee visa?
A: A fiance(e) visa, also called a K-1 visa, is a non-immigrant visa that lets a foreign fiance(e) of a US citizen travel to the US to get married to their fiance(e).
Q: What are the requirements for a K-1 visa?
A: While each situation is different, the requirements in a very general sense are: 1) the foreign fiancee must be legitimately engaged to a US citizen and both must be free to marry; 2) both fiances must have met with each other in person within the previous 2 years; 3) the US citizen must meet certain (relatively easy) income requirements, and 4) the foreign fiance(e) must not be inadmissible as a matter of US immigration law.
Q: What are the income requirements for the US citizen and foreign fiance(e)?
A: There are no income requirements for the foreign fiance(e). Generally, the US citizen should be at least 125% above the poverty line (technically, this is not always a requirement for getting the K-1 visa itself, but it is a requirement for the subsequent adjustment of status once the foreign fiance(e) comes to the US and gets married). Household members’ or other sponsors’ incomes may also be added in order to meet the income requirement.
Q: How long does it take?
A: The whole process, from the point at which the initial K-1 petition is submitted, to the foreign fiance(e) actually having the K-1 visa in their passport, can take several months, possibly longer. It may also happen sooner (sometimes in under six months), depending on the speed at which the USCIS service centers are currently processing visa petitions and the workload/speed of the particular consulate where the visa application is processed. Having documents ready ahead of time can also speed up the process.
Q: What happens after getting the K-1 visa?
A: The foreign fiance(e) will be able to enter the US one time, and has 90 days to marry their US citizen fiance(e). If they marry within that time, they will be eligible to adjust their status to that of US resident. The residency will initially be conditional, due to the underlying marriage being relatively recent.
Q: How much does the whole K-1 fiance(e) visa process cost?
A: Expect to spend a decent bit of money. Petition and application fees must be paid to the US Department of Homeland Security as well as the Department of State. In addition, there are often costs associated with obtaining translations, needed documents, and a medical exam, among other items. The good news is that if you and your fiance(e) have the resources to have traveled to meet with each other in person within the past two years (a requirement for the K-1 visa), you will probably be able to afford these expenses. The Law Office of Erik Morales offers affordable prices that will allow you to be able to obtain an attorney’s assistance with the fiance(e) visa process.
Q: What would make a foreigner “inadmissible” to the United States?
A: A variety of factors could make a foreigner inadmissible under US immigration law, such as (but not limited to) having committed a crime of “moral turpitude” or having a communicable disease of public health significance. Such factors could potentially create problems of inadmissibility for a K-1 fiance(e) visa applicant.
In such cases, Los Angeles fiance(e) immigration K-1 attorney Erik Morales will determine whether a waiver of inadmissibility is available and counsel and assist the client in preparation of the waiver request.
Q&A provided by the “Fiance-at-Law,” Los Angeles immigration attorney Erik Morales. For a consultation, call (866) 782-7420.
