K-1 VISA (FIANCÉ VISA)
The K-1 Visa, also known as the fiancé visa allows U.S. Citizens to petition their Fiancé and bring him/her to the U.S. Once the visa is approved, the applicant must get married within 90 days after entering the U.S. Upon marriage, the fiancé may apply for adjustment of status to become a Lawful Permanent Resident.
At Tsang & Associates, we pride ourselves in having over 30 years of experience helping our clients achieve their dreams and remain alongside their loved ones. You can count on us to walk you through every step of the process, from beginning to end.
Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.
Our base fee for a standard K-1 Visa case is $3,500 not including government fees and third-party expenses. We are happy to customize a proposal for your case during a consultation. Please see below for more information.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for K-1 Visa
- Determine whether you/or your fiancé qualifies for the K-1 visa.
- Provide you with a detailed checklist of documents needed
- Anticipate and address any challenges
- Provide you with a timeline and answer any questions about the process
*Please indicate if your fiancé has children. They may have the opportunity to obtain a visa as well.
Step 2: Prepare and Submit the I-129F Application to USCIS and handling potential Request for Evidence (RFE) or Notice of Intent to Deny
Our team will complete all forms, package supporting documents, and assemble all documents and information into the proper application format to enhance your chances of getting approved. In addition, we can assist with formulating responses to any potential Requests for Evidence (RFE) and other additional requests issued by USCIS.
Step 3: Await Approval by USCIS and Submit Required Documentation to the National Visa Center (NVC)
Once the I-129F Petition is approved by USCIS, the case will subsequently be transferred to the National Visa Center (NVC) for further processing. Our team will guide you throughout this process and ensure that the NVC has all the documentation needed to continue to process your case in a timely manner.
Step 4: Prepare the client for the Interview with the US Embassy/ Consulate
We will help guide the client in his/her preparation for the interview with the US Embassy/ Consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview. If your interview is at the US Embassy, you will attend it by yourself per Embassy regulations.
Step 5: Respond to additional Consulate Requests / Administrative Processing / Status Checks / Fraud Alerts
After the interview, we will review with you the possible responses from the US Embassy. From additional document requests to continuance notices and fraud alerts.
Step 6: K-1 Visa Approval and Entry to the US
Our services do not end when you receive the K-1 Visa Approval, we continue to provide assistance to ensure a successful entry into the U.S. and assist with the applications for the following:
- Lawful Permanent Residency
- Work permit/Social Security
- Preparation for the USCIS interview
Checklist of Required Evidence
Did you provide the following?
- Evidence of your U.S. citizenship:
- A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States;
- A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
- A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
- A copy of your unexpired U.S. passport; or
- An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport.
- Evidence you or your fiancé legally terminated any previous marriages (if applicable)
- Divorce decree
- Annulment order
- Death certificate for prior spouse
- One color passport-style photograph of yourself and one for your fiancé taken within 30 days of you filing this petition
- Evidence of legal name change (if applicable)
- Evidence to support an IMBRA waiver (if applicable)
If you’re petitioning to classify your fiancé(e) as a K-1 nonimmigrant, did you provide the following?
- Evidence you and your fiancé(e) intend to marry within 90 days of their admission into the United States as a K-1 nonimmigrant.
- Evidence you met your fiancé(e) in-person within two years of you filing your Form I-129F. If you haven’t met within two years, submit evidence that meeting in-person would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the petitioner.
The updated filing fee for K-1 can be found here.
Eligibility for K-1 Visa
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
- You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
- You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
- Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
- Result in extreme hardship to you, the U.S. citizen petitioner.
SAMPLE & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the K-1 petition.
Cover Letter: [coming soon] We will also provide a cover letter sample for the K-1 petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
FREQUENTLY ASKED QUESTIONS
How long is the K-1 visa application process?
For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.
Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
My Petition Expired – Can It Be Extended?
The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed.
Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).
Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.
What are the income requirements?
Applicants presenting Form I-129F will need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.