U.S. citizens can apply for a K-1 Visa to bring their fiancés to the United States. The requirements for the K-1 Visa are: 1) that the couple has met in person within the two years prior to filing the K-1 Visa application (certain exceptions apply); 2) the couple is in a “good faith” relationship, meaning that the relationship is not entered into to circumvent U.S. immigration laws; and 3) the K-1 Visa Fiancé intends to marry the U.S. citizen petitioner within 90 days of entry into the U.S.

Caroline Ostrom, Minneapolis immigration attorney, assists U.S. citizens to petition for fiancés worldwide. We encourage you to contact us if you need legal advice regarding K-1 eligibility or the K-1 application process.

The Process

For the K-1 Visa, there are three stages. First, the U.S. petitioner first files an I-129F Petition for Fiancé with U.S. Citizenship and Immigration Services in the U.S. Once the I-129F petition is approved, the second stage, consular processing, begins. The file is transferred through the National Visa Center and then on to the relevant U.S. Consulate abroad. After a successful interview at the U.S. Consulate, the fiancé enters the U.S. on the K-1 Visa. Within 90 days of entry, the couple must marry. Once married, the foreign national spouse then applies for the third stage of the green card process – applying for adjustment of status with U.S. Citizenship and Immigration Services for a green card (permanent residence) within the U.S. As part of the green card application, the foreign national spouse can apply for work authorization and an advance parole travel document, for use while waiting for the green card to be processed. The foreign national spouse will also have an interview at the local USCIS field office.

K-2 Dependents

If the foreign national fiancé has a child under 21, they may be eligible to enter the US on a K-2 visa. There is no separate petition at USCIS to start the process, but the child should be listed on the I-129F petition filed on behalf of fiancé parent. The child will also need to enter the US on their approved visa and file their own adjustment of status application with USCIS. Please note that the K-2 dependent child needs to enter the US on the approved K-2 visa prior to their 21st birthday. They can file the adjustment of status application when 21 but must have entered on the K-2 prior to this birthday.

How Our Minneapolis Immigration Lawyer Can Help

Ostrom Law Office evaluates clients’ particular circumstances to determine if the K-1 Fiancé Visa is the best course of action. We assist in proving up the requirements of the K-1 Visa petition, including the “good faith” nature of the relationship, and ensure that all relevant parts of the petition are submitted to avoid unnecessary delays. In addition, we are familiar with the various procedures at U.S. Consulates for the K-1 and explain timelines and what to expect at each step, to facilitate the process.

Based in Minneapolis, our immigration team works with K-1 Visa clients in the Twin Cities and throughout the globe. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.