K Visas and I-129F: What You Should Know
As an American, finding love abroad can become complicated if you intend to marry your fiancé in the United States and set up a permanent residence with them. Depending on your situation, you will need to obtain a K visa and complete the form I-129F, Petition for Alien Fiancé, to allow your potential spouse to enter the United States for marriage.
Though qualification for a fiancé visa is relatively simple, some complications can arise concerning documentation and intent. The experienced law office of Colavecchio and Colavecchio of Nashville, TN, understands what it takes to apply for a K visa. With over a decade of experience, we can help you through every step of the process.
What Are K Visas?
K visas are permits to enter the United States lawfully under non-immigrant status. They allow citizens to request the government to permit fiancés, spouses, and children to come to the country instead of waiting abroad for consular processing.
There are three categories of K visas:
● K-1: The fiancé visa allows foreign nationals to travel to the United States to marry a citizen within 90 days.
● K-2: The document allows the foreign national’s children to come to the U.S. if their parent qualifies for a K-1 visa.
● K-3: The spousal visa allows non-American spouses overseas to live in the country as a non-immigrant while waiting for their I-130 approval.
K-1 Visa Eligibility
Eligibility requirements for K-1 visa applicants to come to the United States state that both parties:
● Can legally marry
● Intend to marry within 90 days of the foreign national’s admission into the country
● Have met in person within the immediate two years before the petition filing date, unless meeting in person will violate long-established customs of the foreign national’s culture or religion
● Meet all requirements within the International Marriage Broker Regulation Act of 2005
K-1 Visa Application Process
To begin the process of obtaining a K-1 visa, the U.S. citizen must request the federal government allow their foreign national fiancé to enter the country under a non-immigrant status. To make the request, they can complete and file Form I-129F, Petition for Alien Fiancé with USCIS, U.S. Citizenship and Immigration Services.
USCIS approval time for Form I-129F varies. However, some K visa applicants will continue waiting for admission into the country after USCIS approves their request and has a visa interview at the embassy or consulate.
What Is Form I-129F, Petition for Alien Fiancé?
Form I-129F will help a non-American citizen fiancé enter the United States for marriage. The form also allows alien spouses to come to the country to receive an adjustment of status and become lawful permanent residents.
The form initiates the U.S. government to issue a K visa to the foreign fiancé under specific conditions. To use Form I-129F, a U.S. citizen must petition the government to:
● Classify their fiancé as a K-1 non-immigrant so that they can enter the United States for marriage and pursue adjustment of status
● Classify their foreign national spouse as a K-3 non-immigrant so that they can enter the United States to wait for their immigrant visa approval
Form I-129F Eligibility
Filing Form I-129F for a K-1 visa follows the same eligibility requirements as the K visa. Using Form I-129F for a non-American spouse requires a pending Form I-130, Petition for Alien Relative, to already be in place. The U.S. citizen must provide proof of the I-130’s submission to the USCIS office.
Document Requirements for Fiancé Visa Petition
Correctly filling out Form I-129F is vital for approval, but so is having the proper accompanying documents. When submitting the form, you must prove your eligibility for receiving a K visa. Documents may include:
● Proof of Meeting In Person: You can submit dated pictures of you with your fiancé, copies of plane tickets or boarding passes from traveling, and passport stamps showing the port of entry.
● Proof of Impending Marriage: Documents showing your intention to marry can include wedding announcements and copies of letters between you and your fiancé discussing wedding plans.
● Proof of Citizenship: The petition can submit a copy of their U.S birth certificate or passport.
Even minor mistakes on Form I-129F can cause delays and rejections. A knowledgeable attorney who practices immigration law can help you go over necessary documents for accompanying Form I-129F and ensure that you fill the paperwork out correctly.
Contact Colavecchio and Colavecchio
People often find the process of obtaining K-Visas to marry their non-American fiancés in the U.S. to be time-consuming and confusing. The Law Offices of Colavecchio and Colavecchio of Nashville, TN, understand various aspects of immigration law. Our experienced legal team can help you navigate the system and find solutions to produce favorable outcomes.