Fiancé visas are non-immigrant visas that allow someone who is engaged to a U.S. citizen to enter the country with the intention of getting married to their Petitioner within 90 days of that entry. After the applicant and the fiancé are married, the immigrant can apply for a green card. There are multiple steps to this process, and it is always recommended to work with a California immigration lawyer that can help you through it.
Obtaining a green card for your fiancé, but the process is long and complicated. You should always first request a consultation with an immigration lawyer that can advise on your case. An attorney will also help you through every step of the process, so you have the best chance of approval.
Whether or not you are eligible for a fiancé visa and ultimately a green card will largely depend on your relationship with your petitioner, and your past criminal and immigration history. Some past actions can make you inadmissible to the United States, and understanding the recourses (such as a waiver) you may have should be done early on in your case.
The first step when applying for a fiance visa is to file the appropriate form, which is known as Form I-129F. When filling out the form, you will have to establish the fact that you are in a legitimate relationship with a U.S. citizen and meet other qualifying criteria. Lawful permanent residents are unable to request a K-1 visa for a fiance.
You will need several documents when applying for a fiance visa. These may include, but are not limited to:
After the United States Citizenship and Immigration Services (USCIS) has received your petition, they will send you a notice that they have started processing it. Processing will begin in 30 days, but it can take between six to nine months to complete. You may check current processing times at: https://egov.uscis.gov/processing-times/
Approximately 30 days after the USCIS has approved your petition, they will transfer the case to the U.S. Department of State’s National Visa Center (NVC). This agency will then send you a notice that the USCIS has approved your petition.
After receiving NVC’s notice, you must complete the DS-160 form online, which is the actual application for a visa. Print the confirmation page after you have completed the form, as you will need it for your interview.
A lawyer can help you gather the necessary documents you will need for the interview and will let you know what you can expect at the consular interview. The interview is the opportunity for the Department of State Officer to review your forms and supporting documentation with you, and determine your eligibility for the benefit you are requesting. You must bring the original documents for the Officer to examine. You will have completed a full medical examination and registered for courier service prior to the interview. The exact requirements will vary by consulate.
You will have to attend an interview at a consulate office or the U.S. Embassy, depending on the location stated on your NVC/consular notice. Only the fiance wishing to enter the country must attend the interview, and it usually takes place four to six weeks after the notice is received.
You will receive a sealed visa packet if you are approved and it is essential that you do not open this, or you may not be allowed into the country. After your K-1 visa is approved, you must enter the country within four months of the approval (or expiration date stated on your K-1 Visa) and get married no more than 90 days after entering the U.S.
After you have obtained your visa, which is temporary, you can apply for a green card and obtain lawful permanent resident status. The process for applying for a green card inside the United States is called Adjustment of Status and an experienced immigration attorney can help guide you through this final important stage of the Fiancé process.
If you are getting married to a United States citizen, our Salinas immigration lawyers at Miranda, Magden & Miranda can provide the sound legal advice you need. Call us today or contact us online to schedule a consultation.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
Last year, I had just moved in the area and needed a family law attorney for a custody case. The process of finding/choosing an attorney could be daunting. However, when I went in for my first consultation with Levi my stress level was immediately mollified. He was personable, which made me feel comfortable to discuss my personal matters freely. I had a lot of questions of the legal process that would take place and he took the time to explain everything with meticulous detail. More importantly, when I called Levi he returned my phone calls in a timely/professional time frame...
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