Xie Law Offices, LLC
 

Fiance(e) (Marriage-Based) Visas (K-1)

Before Coming to US
My fiancé
My fianc
ée
How to apply
Where to apply

Arriving in US
Enter the Customs
Work permit

After Arrival
Getting married?
How soon?
What after?
What about my child?
Asking extension?

Our Help
Prepare your petition
File your petition
Consular Service



Xie Law Offices, LLC.
1770 Indian Trail Lilburn Road, Suite 450,
Norcross (Atlanta), GA 30093
U.S.A.


Tel: (678) 380-0698;
Fax: (678) 380-0668;
email: help@xielaw.com


What is K visa?

What are the requirements for K visa?

What is next?

Apply for green card if you are already the spouse of a US citizen

What can we help you?

 

 

 


How to bring my fiancée to the United States?

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.)

Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa. Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.

Who can File Immigration Petition?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.
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How do I apply?

We suggest you let us to take care of it for you.  If you want to do it by yourself, please read below carefully

Only a U.S. citizen may file Ithis petition (Petition for Alien Fiancé(e)) on behalf of a fiancé(e). The U.S. citizen filing the petition must provide the following items to the BCIS:

 

Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. 
One color photo of you and one of your fiancé(e) taken within 30 days of filing.
A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.
Proof showing you and your fiancé(e) have met before, such as pictures taken together, telephone bills, internaitonal airtickets, affidavits.  You need to provide proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

How to Remove the Conditions on your Green Card?

If the marriage is less than two years old when the foreign-born spouse receives residency, both spouses must submit a joint petition, the "Petition to Remove the Conditions on Residence."

The joint petition has two purposes: to petition for the removal of the condition and/or  to apply for a waiver of the requirement to file the joint petition.

Conditional residence is given for two years, if the parties were married for less than two years on the day of adjustment or admission to lawful residence. INA 216 (a) (1) and (g). The statute requires that the parties to the marriage submit a joint petition to remove the conditional basis of the status, within the last 90 days of the status. Failure to do so results in the loss of the status, at the end of the two-year period.

To retain our service to file your joint petion, please contact us at the number and address shown above.  At the same time, gather all  documents establishing that the marriage was entered into in "good faith" and not the purpose of evading the immigration laws. This evidence can include birth certificates of the children born to the marriage, financial record showing joint ownership of assets, and affidavits of "at least two people."

E-Consultation
 
 


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