Published: May 22, 2023
The K-1 or fiance visa is a way for US citizens to bring foreign partners in the US and convert them into US citizens. Although the fiance visa is a non-immigrant visa, it is a route to acquiring a green card.
In 2021, USCIS issued 19,218 fiance visas. Compared to previous years, the number of issued visas is lower but it is mostly because of the procedural challenges caused by the COVID-19 pandemic. Normally, the yearly issuance totals to 34,000 to 35,000 visas.
Qualifying for a K-1 visa is a momentous event. However, transitioning into this new life comes with specific challenges. The best way to succeed is learning more about K-1 visa process and its requirements.
Fiance Visa Requirements
One crucial part of becoming a fiance visa holder is ensuring that all your requirements are complete and valid. Double check on your submissions and ensure you fulfill the following conditions:
- Your fiance is a US citizen
- You and your fiance intend to marry one another within 90 days of of being admitted to the United States on as K-1 visa holder
- You and your fiance do not have any legal impediment to marry each other
- You and your fiance have met each other in person at least once within the 2-year period before you filed your petition
Applicants may request a waiver on the last requirement if it violates your culture’s strict and long-established customs or cause extreme hardship to your US citizen fiance.
Fiance Visa as a Conditional Green Card
A fiance visa can turn into a conditional green card if at the time of approval, the applicant’s marriage with the US citizen petitioner is still less than two (2) years. The conditional green card will be valid for two (2) years. After such a time, the conditional green card will transform into a permanent green card. The government’s purpose of imposing this condition on fiance visas is to deter marriage fraud.
8 Tips for Fiance Visa Holders While Adjusting in the US
The ultimate goal of acquiring a fiance visa is to get married and become a permanent resident. Since this stage is transitional, the visa holders may undergo several levels of adjustments. Applying these tips can help you manage the rapid changes:
Double check on all documentary requirements
One of the most crucial part of transitioning from a fiance visa into a permanent visa is complying with all the requirements. It is important to ensure that they process the documents on time and submit legitimate copies. Some offices might require multiple copies so it is best to procure back-ups. Some people also find forms confusing because of their numerical designations. Always check the title and description before filling them out.
File ahead of deadline
After knowing which documents to submit, take note of the submission deadlines. Do not be complacent when you still have a few weeks or months. It is crucial to factor the processing period as well as unexpected delays. The best practice is to file ahead of time. Doing so gives applicants time to make further adjustments whenever needed. Also, this strategy helps applicants avoid the rush that builds when deadlines come nearer.
Submit your documents on the correct lock box or office
Another common mistakes among applicants is submitting their forms and documents through the wrong lock box or office. Be attentive to the agency that will process a particular submission. Committing this mistake may derail your application since you might need to procure more documents and endure a longer waiting period.
Be careful when filing at lock boxes. The attendants will reject your form if you made clerical mistakes or fail to pay the correct fee.
Always keep a copy of what you filed
Although most of the submissions are done digitally, it is still practical to keep a copy of the documents you submitted. It is a way to keep track of your files and lessen the tendency of repetitive submissions. Also, whenever you seek legal consultations, you can immediately present your documents to lawyers. They could make accurate inferences and identify what possibly went wrong.
Inform USCIS when you change your US address
Conditional visa holders are free to change their address and move to anywhere within the United States. However, it is crucial to inform the USCIS about the change of abode. Whenever changing address, you must inform the USCIS at least ten (10) days from the move. The USCIS should be updated with the applicants’ addresses because the agency keeps on sending notices and other official correspondences via mail.
Renew your green card on time
After marrying your partner and becoming a green card holder, you should not forget to renew your green card. A green card is valid for ten (10) years. Ideally, you should file within six (6) months from the expiry date.
Whenever your green card already went passed the expiry date, consult an immigration attorney. They can help you explore your options and find the most appropriate solution for the situation.
Be a good, law-abiding citizen
Becoming a green card holder requires you should abide by all laws, not just immigration laws. It is one of the continuing responsibilities that a green card holder should keep to maintain their status. Besides, staying away from any sort of crime decreases the risk of deportation. Some of the most basic examples of being a good citizen includes paying taxes and obeying traffic rules.
Hire an immigration attorney in Los Angeles
There are two main aspects of hiring an immigration lawyer. First, you will have reliable legal support. Immigration lawyers can provide you with well-studied advice on legal problems. They may also represent you in court, whenever necessary. Second, hiring an immigration lawyer tremendously helps with clerical processes. Immigration attorneys in Los Angeles are experts organizing and filing requirements. They can also provide tremendous support by ensuring you submit on time and that your submissions are error-free.
How long does a spousal visa take to process?
The waiting time for spouse visas, including fiance (K-1) and marriage-based (CR-1) visas, may vary per applicant. There are many things to consider, especially the bulk of applicants coming from your country of origin. A rough estimate for K-1 visas would be around one and a half years to two years.
Find Topnotch Immigration Attorneys in Los Angeles at ALG Lawyers
The fiance visa help couples reunite and build a brand new life in the US. However, it may come with technical difficulties that may confuse and overwhelm visa holders. If you are having trouble managing your visa and keeping up with the requirements, do not hesitate to seek legal support. For your immigration concerns, get in touch with ALG Lawyers.
We are a Los Angeles-based immigration law firm with a team of highly experienced attorneys and legal staff. Our goal is to provide consistent and responsive support to unburden you with the challenges of being an immigrant. Besides fiance visas, we also process family-based, employment-based, student, and investor visas.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)