How long will the entire process to obtain a K-1 Visa take?

Based on our experience in handling thousands of applications in the past, it will vary depending on which INS Regional Center your case must be processed through and which U.S. consulate overseas will be issuing the visa. INS processing times can vary from 2 months to 6 months. Consular processing times can also vary from 6 weeks to 4 months. It would not be appropriate for us to tell you a fixed processing time since there are many variables involved. However, we can give you an estimate that a K-1 Visa from Vietnam requires about 6 months. We will process your case as fast as the INS and the U.S Embassy will allow. Please do not hesitate to contact us for a Free Consultation. Remember, our firm charges a fixed fee for the entire process. Therefore, you are welcome to contact us at anytime by e-mail, by phone or by fax.

What will happen if my fianceùe and I decide not to get married?

There might be some reasons that you or your fianceùe decide not to get married after all. You and your fianceùe are not required to get married, although you must show a serious intention to marry in order to qualify for a K-1 visa. If you do not get married within 90 days, your fianceùe must voluntarily depart the United States. You will not be prevented from filing petitions with INS in the future. Likewise, your fianceùe will not be barred from receiving any other visas in the future for which she may qualify, provided that she departs the U.S. prior to the expiration of her 90 days. The INS may institute the proceeding to remove your fianceùe if she fails to depart at her own expense.

What if my fianceùe has a child, can I petition for that child?  

Minor children of your fianceùe who are under21at the time of the Embassy interview qualify for a K-2 visa and may travel to the U.S. with their mother or father.

Can my fianceùe work when she/he comes to the U.S.?

Of course, yes. Your fianceùe is eligible to work while in the U.S. on a K-1 visa. In order to work in the U.S. she/he should file for and receive work authorization upon his/her entry into the U.S.. However, many ports of entry appear to have abandoned this practice. Therefore, your fianceùe may have to file an application for employment authorization with your local INS office. Unless there is an immediate need for work authorization, most fianceùe simply file for work authorization after they get married in conjunction with their application for adjustment of status, we will process this phase if you wish to retain our services later. 

What happens after we get married?
After you and your fianceùùe marry within the 90 days, your fianceùe will need to apply for adjustment of status through your local INS office (not your INS regional center). Adjustment of status is the process in which your fianceùùe receives her conditional permanent residence, otherwise known as her green-card.  Please note that the adjustment of status process is not included in our fee.

Can my fianceùe marry someone other than me when she comes to the U.S.?

The fianceùe visa permits the beneficiary to enter the United States for 90 days to marry the petitioner, and ONLY the petitioner. Although there is no way to prevent a fianceùe from marrying someone other than the petitioner, the INS will not permit her to adjust her status to conditional permanent residence.

Which Affidavit of Support form is required for the Fianceùe Visa, Form I-134 or Form I-864?

The Fianceùùe Visa requires the sponsor to submit Form I-134 Affidavit of Support on behalf of the beneficiary. However, when your fianceùùe applies for adjustment of status after the marriage, you will be required to submit the newer Form I-864 Affidavit of Support on behalf of your spouse. The new Form I-864 has stricter requirements, one of which is the submission of the sponsor's tax returns for the past three (3) years.

What is the minimum income requirement for me to sponsor someone for a Fianceùe Visa?

The minimum income requirement is 125% of the poverty level and varies depending on the number of dependants of the petitioner. Co-sponsors are permitted if the petitioner alone does not meet the minimum requirements.

What if I marry my fianceùe in her own country?
If you marry your fianceùe in her home country, she no longer qualifies for a Fianceùe Visa. Because she is now your wife, you must file an I-130 Petition for an Immediate Relative (Spouse Visa). Relative Petitions generally take longer to process through the INS. Keep in mind that many foreign countries have certain marriage requirements that make it impractical to get married overseas.  For example, most countries have a 30 day waiting period in order to get a marriage license. Vietnam requires certain requirements ie: proof of single status and permission from the State to marry. Generally, the Fianceùe Visa is usually the more favorable and faster option for a United States Citizen interested in marrying a foreign national.  

Can I file the Fianceùe Petition directly with the Consulate overseas, instead of with the INS in the United States, in order to speed up the process?

No. All I-129F Petitions for Alien Fianceùe must be processed through an INS Regional Service Center in the United States.

What if my fianceùe comes here on a tourist or business visa (B1/B2) and we get married?

If you marry your fianceùe while she is in the United States on a tourist or business visa, your fianceùe may have to deal with issues of visa fraud when she attempts to adjust her status to a conditional permanent resident. Even if your fianceùe is able to obtain a tourist or business visa, it is still recommended that she obtain a K-1 visa to avoid any issues of visa fraud with the INS

Can the K-1 visa be extended if we do not get married within the 90 days?

No. There are no extensions of a K-1 visa.  This is very important that the 90 day time frame be noted carefully.

Can I petition for my fianceùe if I am not a United States Citizen?

No. Only U.S. citizens can petition for a Fianceùe Visa.  Permanent residents are not permitted to file Fianceùe visa applications.  However, we can file form I-130 for a green card holder petitioner.  

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