People get married every day in the United States. Some people might become engaged to foreigners who might not be eligible to come to this country, but the parties want to get married here. That’s what the K-1 visa is for. K-1 visas are immigrant visas, but in a small minority of cases, a K-1 nonimmigrant visa might be applied for. Assuming that the K-1 immigrant visa petitioning process goes smoothly, and your fiancé is allowed entry into the United States, you’re required to get married with 90 days of his or her arrival. After that, your new spouse can apply for permanent residency.
Both parties must be legally free to marry. The general rule is that they must have met each other in person within two years immediately before filing the K-1 petition. The Form I-129f is confusing and complicated, so you’ll likely need the assistance of an immigration attorney from Maison Law Immigration Lawyers to complete and submit it. U.S. Citizenship and Immigration Services charges a filing fee of $535 which must accompany the FormI-129f when it is submitted.
Documents Required to be Submitted
You’ll need to submit certain documents with your Form I-129f. Copies are sufficient unless you’re otherwise instructed. If any documents submitted are in a foreign language, a complete English translation is required along with the translator’s certification verifying that the translation is complete and accurate. The translator must also verify that he or she is competent to translate from that foreign language to English. As you’re already here in the United States, you’ll be filing the petition. The following is a list of documents that are typically sought be USCIS to support the I-129f petition. Some will apply to your particular petition, and some others will not:
- Proof of United States citizenship like a copy of your birth certificate.
- If you’re a naturalized citizen, a copy of your naturalization certificate.
- A copy of Form FS-240 Consular Report of Birth Abroad.
- A copy of your U.S. Passport that is not expired, or an original statement from a U.S. consular officer verifying that you’re a United States citizen with a valid passport.
- Evidence that you or the person who you intend to marry legally terminated any prior marriages. That evidence would consist of a final divorce decree, an annulment order or death certificate of the prior spouse.
- One passport size color photo of you and along with another one for your fiancé that were taken within 30 days of your filing of your I-129f petition.
- Evidence of any legal name change, if applicable.
- A Form I-134 Affidavit of Support.
- Two most recent tax returns.
- Evidence to support an International Marriage Broker Regulation Act Waiver, if applicable.
- Any other evidence that the USCIS might require.
Documents from Your Future Husband or Wife
Your future spouse will be required to attend an interview at a U.S. embassy or consulate in his or her home country. He or she will be notified as to what documents to bring to that interview. At a minimum, they’ll likely consist of the following:
- A valid unexpired passport.
- A birth certificate.
- Two passport size color photos.
- An appropriate police clearance for all countries the person has lived in for more than 6 months since the age of 16.
- An appropriate sealed medical certificate.
- Any other required documentation.
Here at Maison Law Immigration Lawyers, we’re familiar with Form I-129f and routinely process I-129 petitions on behalf of U.S. citizens who wish to marry foreign nationals. Should you have questions or concerns regarding the K-1 visa process, contact us at our Bakersfield, CA offices. We can process you through that first phone call until such time as you’re married here in the United States. Don’t hesitate to contact us.