K1 Visa: fiance` to spouse

Here you will find information on processing for a fiance`(e) visa, visa for the fiance's children, cost, and visa-related complex issues.

Fiance` Visa is a great way to enter the United States if the foreign national is in a committed relationship with the United States Citizen and both are planning to marry soon.  It is possible to bring along minor children of the fiance`.

Upon coming to the United States and marrying the USC petitioner, the fiance`(e) is eligible to apply for adjustment status and obtain a green card based on marriage.

The USCIS processes the petition for a fiancé visa.  The primary requirement is that the parties must have met in person in the last two years.  Waiver of in-person meeting requirements is available if the requirement causes severe hardship of a specific nature.  Contact this law office for an assessment of waiver eligibility.  This law office has successfully handled hardship waivers.

Upon approval of the petition, the foreign national would be able to apply for a visa at the U.S. Consulate abroad.  Fiancé`(e) can come to the United States upon visa approval.  The entire process can be completed in as fast as 5 months (although processing times change rapidly and vary with case type and filing) for the foreign national to make the trip and U.S. entry.

Employment authorization is available and is subject to severe limitations.  K status may be terminated. Unfortunately, certain triggers may face the possibility of going out of status.

Once the foreign national fiancé (e) arrives in the United States, parties must marry to apply for status adjustment.  The marriage should take place within 90 days.  Foreign national children of fiancé`(e) can also adjust status if the parent’s marriage occurred up to a certain age.  If their relationship goes south, it could be difficult for the foreign national party to obtain lawful immigration status.  The fiancé visa aims to offer the parties an opportunity to see if their relationship would work out.  This may conflict with cultural values in some countries, and foreign nationals may be left with little option in such a situation.

A foreign national fiancé (e) may sometimes end up in an abusive relationship with a USC partner and wants out.  Such a person is not out of options if the marriage occurs but may be out of luck if not.  A battered spouse in an abusive relationship has alternative remedies in immigration law.  Immigration Law treating many victims with compassion is a lesser-known fact and is true even in cases of physical or mental abuse.

Immigration law does not require a foreign national spouse to stay in an abusive relationship.  However, many do for lack of resources or knowledge to seek help.   Under the Violence Against Women Act (VAWA), victims of domestic violence and their dependents can self-petition and obtain lawful permanent residence.

The criminal background with domestic violence history of the USC fiance`(e) / petitioner for a K visa may affect the outcome of the fiancé's petition.  Adam Walsh Act provisions require the government to provide the foreign national fiance`(e) with information and resources on their partner’s domestic violence history.

Even if the foreign national is aware of such a behavioral pattern of the USC, it does not affect their eligibility to seek relief under any other law provision, e.g., self-petition as a victim of abuse under the Violence Against Women Act (VAWA).


Whether something is better or worse depends upon your personal goals and priorities. I recommend scheduling a consultation.

The filing fee changes frequently.  The most recent revision was on December 23, 2016.  Government filing fees are:

Petition:- $535,

visa application fee:- $265.

Adjustment of status filing fee: $1225.

There are additional charges like a doctor's fee for obtaining medical records or translation work.  External service providers provide these services.

Processing times change frequently and depend on how complete a petition packet was filed.  Although past success records do not promise similar accomplishments in the future, Haranlaw has had petitions approved in three weeks and final processing completed in just over five months. 

Whether you should file for a fiance visa or consular process after marriage depends on your personal goals and comfort level, knowing the risks involved in either method.  You could benefit from a consultation, and your lawyer could help you guide which option could best suit your preference.

My focus is to help you achieve your goal. Please schedule a consultation for an assessment of your immigration case.

Fiance`(e) can bring their minor children to the United States depending on their age.  You could benefit from a consult with an immigration lawyer to protect your child's immigration interests.

It depends upon your goals! You could benefit from the consult.

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