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Spousal and Fiancé (K-1) Visas

Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.” – Maya Angelou

Getting married is a big decision no matter what the circumstances, but it carries a new level of stress if you are a U.S. citizen who wants to get married to a foreigner and bring him or her to the U.S. to become your spouse. Our immigration attorneys can help you navigate through the minefield of complex immigration laws so you can obtain a K-1 fiancée visa and focus on what matters most – the rest of your lives together! FordMurray offers free consultations and a flat fee billing structure for your convenience and peace of mind.

Our personal immigration team is led by Senior Counsel Aga Asbury. An immigrant from Poland, Aga can relate to the challenges facing people who want to immigrate to the United States. Aga went through the entire immigration process herself, from first applying for an exchange visitor visa at the US Embassy, through changing her status to an F-1 student and later being sponsored for permanent residence based on her marriage to a US citizen, to finally becoming a naturalized U.S. citizen in 2015. Aga’s immigration background gives her an empathetic perspective as she helps others navigate the complex immigration system. Read more about our expert team on our Testimonials page.

Flat Fee Services

We are happy to offer flat fee billing for standard fiance visa petitions. With our convenient flat fee system, you will know the total costs at the beginning of the process and will never be surprised with hidden or unanticipated costs, so you can budget accordingly. For your convenience, we accept most major credit cards.

Spouse-Sponsored Green Cards

If a couple is already married and wants to sponsor their spouse for a green card, they can do so within the United States or through consular processing.

Filing within the United States

The first step to sponsoring a spouse is to file a Petition for Alien Relative (Form I-130) with supporting documents to the USCIS. Once approved, the spouse files for Adjustment of Status (Form I-485). A spouse can file the I 485 concurrent with the filing of I-130, at which point they can file for work and travel authorization, if eligible.

Spouse petitions require interviews, during which time the sponsoring spouse must answer questions independently about their marriage before the foreign spouse can join for their part of the interview. In addition to helping you prepare for the interview, attorneys can be present at the interview and provide valuable support and insight during the interview process.

Consular Processing

If you would like to sponsor a spouse who is currently living outside of the United States, the most important thing to remember is that the person or people you would like to sponsor need to wait outside of the United
States while their application is processed.

Consular processing for immediate relatives of U.S. citizens generally takes longer than I-130/Adjustment of Status petitions, because it requires interactions with three separate agencies.

In consular processing, once the I-130 petition is approved by USCIS, the the beneficiary or their attorney must submit the Form DS-260 to the National Visa Center, at which point additional documents are required. Once the NVC accepts the documents, the U.S. Embassy or consulate schedules an interview with the spouse. Petitioners are not required to be present.

If there is any part of the application process you do not understand, you should contact an experienced immigration attorney. Incorrect or incomplete submissions can impact your ability to sponsor your spouse later.

K-1 Visas

The K-1 visa is designed to allow your fiancé(e) to travel to the United States before you get married. You must get married within 90 days of your fiancé(e)’s arrival to the United States. For most petitions, it is required that you have met your fiancé(e) in person in the last two years, with cultural and religious exemptions.

To help your loved one obtain a K-1 visa, you must be a U.S. citizen and file a Form I-129F, which asks the USCIS to recognize the relationship between you and your fiancé(e). The petition will ask for citizenship and employment information of you and your fiancé(e), details and documentation of your last meeting, address history, and parent and children’s information.

US Embassy Interviews for Fiancé Visas

Once the USCIS establishes eligibility, an approval notification will be sent to you and the National Visa Center, at which time a K-1 fiancé(e) visa interview for your fiancé(e) is scheduled at a U.S. Embassy.  This interview is usually the last hurdle to receiving a K-1 visa to enter the United States for the purpose of marrying an intended U.S. citizen spouse. At the interview, the consular officer will seek to learn more about your fiancé(e)’s background and moral character and determine whether or not your relationship is genuine. Because K-1 visa denial cannot be appealed it is crucial that your fiancée is well prepared for his or her visa interview.

Following a successful interview, your fiancé(e) will enter the United States using his/her K-1 fiancé(e) visa. You must get married within 90 days of your fiancé(e)’s arrival. After your wedding, the foreign-born spouse will apply for Adjustment of Status with USCIS. USCIS officials will then review your spouse’s case to determine whether an interview with both spouses is necessary.

The process of obtaining a K-1 visa can be very confusing. Contact us today for a complimentary consultation about your case, or download our free, 14-page Family Sponsorship Guide, containing information about family sponsorship, fiancée visas, and naturalization.