Are you a U.S. citizen engaged to a foreign national? If your fiance is a citizen of another country, you may be feeling frustrated at the hoops you have to jump through to be together. However, the good news is that in most cases, your problems can be solved by filing Form I-29F, which is a petition to grant a green card to the non-citizen fiance of a U.S. citizen. This will allow you to apply for a K-1 visa so that your fiance can come to the United States for the purpose of marrying you. This visa, if granted, gives your fiance 90 days to come to the United States and remain in the country. It is important for you to legally marry during this 90-day time frame. This will allow your now spouse to remain in the country and obtain a green card.
Tips for the K-1 Visa
- Make sure you are eligible. The K-1 fiance visa only applies to the fiances of U.S. citizens. Lawful permanent residents may not apply for a K-1 fiance visa. You are your fiance must both be legally able to marry, meaning that you are both of legal age and are not currently married to anyone else. You must also have met in person at least once within the last two years in order to qualify. In some cases, it may be possible to waive the in-person meeting requirement.
- Make sure a K-1 visa is the best choice. Many people mistakenly think that if they are a U.S. citizen engaged to a foreign national, they have to file for a K-1 visa. However, the K-1 visa is only appropriate for these couples when the foreign national fiance is in their home country and is not currently in the United States. If the foreign national fiance is currently located in the United States, then you will not need to file for a K-1 visa and can simply petition for an adjustment in status so that they can obtain a green card.
- Provide a detailed statement about how you met. Question 54, part 2 of Form I-29F asks about how you met your fiance. You will notice that the question only provides a couple of lines on the application in which to provide your answer, however, do not take that to mean that you should respond with a single sentence. Instead, it is smart to attach a detailed statement describing how you met to avoid the need for follow-up questions and unnecessary delays in the processing of the application. This question provides you with an opportunity to dispel any doubts about the legitimacy of your relationship and to demonstrate that it is authentic.
- Make sure to include all necessary documents. Form I-29F requires a number of documents to be submitted along with the form, including passport photos of both you and your fiance, proof of citizenship, proof of marital status, proof of meeting, and proof of your intent to marry. If you do not include sufficient evidence or necessary forms, your application may be denied.
Contact the Sverdloff Law Group Today
If you are ready to begin the K-1 visa process so that you and your fiance can begin your life together in the United States, the experienced immigration attorneys at Chicago, Illinois’ Sverdloff Law Group are ready to help. Contact us today to schedule a consultation.