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K Visas: Tips for Couples — Part 1, The Fiancé Visa Process

1121900_couple_with_engagement_rings_1.jpgFor those who are in a romantic relationship with someone born and living overseas, eventually, one of them may choose to move to the United States and take the relationship to the next level — marriage. This type of move is allowed and made possible thorough use of a K visa. A K visa allows a U.S. Citizen to petition for his or her fiancé (K-1) or spouse (K-3), the fiancés unmarried minor child (K-2), and the spouse’s unmarried minor child to enter the United States (K-4).

The K visa petition requires patience and high level of attention to detail. There are various documents to complete and requirements to meet. The most important aspect of the K visa process that you must remember is that you have the burden of proof in demonstrating that you have a “bona fide romantic relationship.”

The term “bona fide romantic relationship” is a legal term of art and the meaning depends on the type of K visa you are attempting to apply for. Specifically, for a fiancé visa, you must show the following:

1) The parties have previously met in person within two years before the date of filing the petition;
2) The parties have a bona fide intention to marry; and
3) The parties are legally able and willing to marry in the United States within 90 days of the fiance’s entry.

After the petition is approved by USCIS, the file is then submitted to the National Visa Center (NVC), which forwards the file to the appropriate post at the fiance’s place of residence. A second “phase” of documents must be completed and properly submitted once the case is sent to the proper post.

All fiance visa applications will have a “consular interview” requirement. The interview is for the purpose of verifying that all the fiancé visa requirements are met and complied with. The U.S. citizen petitioner is typically allowed access to the post and can attend the interview with the fiancé if he or she chooses to. If the interview is successful, the beneficiary receives a visa stamp valid for a single entry into the United States. The visa must be used, and the fiancé must enter the United Stated within 6 months of issuance of the visa.

The Lyttle Law Firm has extensive experience handling Fiancé visa petitions. We have helped people from various countries to successfully navigate the process. Although we are located in Austin, Texas, we can handle your fiance visa petition regardless of what state you live in and pride ourselves in offering quality legal services at fixed rates. Call us for a consultation at (512) 329-2770. We offer in-person or telephonic consults at reasonable flat rates and accept major credit cards.

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