How Does a Miami Resident Obtain a Fiancé(e) Visa?
If you are a United States citizen living in Miami and are engaged to a non-citizen, you probably want to know how you can obtain a visa for your fiancé(e). There is actually a specific type of visa applicable to this situation. It is known as a K-1 visa, and it differs from the visa used to bring current spouses or children into the United States legally.
Who Can Apply for a K-1 Visa?
A current United States citizen can apply for a K-1 visa on behalf of an “alien fiancé(e),” i.e., a person who is not already a U.S. citizen or lawful permanent resident. In order to qualify for a K-1 visa, you and your fiancé(e) must intend to get married within 90 days of your partner’s admission to the United States. Your relationship must also meet the following conditions:
- Both you and your fiancé(e) are legally free to marry. In other words, neither of you are currently married to someone else. If either of you were previously married, that marriage must have ended due to divorce, annulment, or death of the prior spouse.
- You met your fiancé(e) in person at least once in the 2 years prior to your filing for a K-1 visa. It is possible to waive this requirement if you can show that an in-person meeting would violate the long-established customs or cultural practices of your fiancé(e)’s society, or that it would cause an extreme hardship to you as a U.S. citizen.
How Do You Apply for a K-1 Visa?
Assuming that you meet the conditions described above, you can start the process of obtaining a K-1 visa by filing a Form I-129F with United States Citizenship and Immigration Services (USCIS). This form is officially known as a “Petition for Alien Fiancé(e).” You must file this form as a U.S. citizen. If USCIS approves your petition, it will then forward your application to the United States embassy (or consulate) for the country where your fiancé(e) currently lives. Your fiancé(e) will then apply for the actual K-1 visa.
The local embassy or consulate will schedule an in-person interview to review your fiancé(e)’s visa application. If granted, the K-1 visa is valid to enter the United States one time within a six-month period. If the visa is rejected, you may need to restart the process by filing a new I-129F.
It is important to note that receiving a K-1 visa does not guarantee entry into the United States. United States Customs and Border Protection must still approve entry when your fiancé(e) arrives. And as previously noted, if your fiancé(e) is granted entry on a K-1 visa, you must get married within 90 days.
Contact a Miami Family-Based Immigration Lawyer Today
Bringing your future spouse to the United States should be a time of joy and celebration. But it is critical not to neglect the legal formalities required to ensure your partner is allowed to legally enter and remain in the country. If you need legal advice and assistance from a qualified Miami family-based immigration lawyer, contact the Law Office Of Wilfredo O. Allen, Esq., today at 305-854-5955 to schedule a consultation.