K-1 USC FIANCE(E)

INTRODUCTION

The K-1 United States Citizen (USC) Fiancé(e) visa enables U.S. Citizens to bring their foreign fiancé(e) to the United States in order to get married and pursue permanent residency. Tsang & Associates offers a complete consular visa service for individuals throughout all stages of the process. Our attorneys will assess your circumstances and assist you in meeting the requirements.  Consultations are free and we look forward to your visit.


SERVICES

Our attorney will prepare a complete K-1 Visa application, in addition to providing you:

  • Mock Interview Training
  • Attorney Representation
  • Supporting Document Preparation
  • Interview Preparation

In short, we provide a start to finish service. Your case is safe with us until the case is complete. 

PAYMENT

Legal Fee $1,800

Free Consultation

*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case. 


ADDITIONAL INFORMATION

Requirements:

  1. Petitioner must be a U.S. citizen to apply for their fiancé(e) as a K-1 visa recipient;
  2. Petitioner must intend to marry alien fiancé(e) within 90 days of her/his arrival in the U.S. After 90 days have lapsed, the K-1 visa will no longer be valid and their fiancé(e) will be considered "out of status";
  3. Petitioner must be legally allowed to marry, such that they are single, have proof of annulment/divorce, or have proof that their previous spouse has passed away;
  4. Petitioner must have met their fiancé(e) at least once within the past two years unless they qualify under exceptions in special scenarios;
  5. Petitioner must demonstrate that they can support the applicant financially.

Limitations:

  1. Petitioners may not file a petition to bring their fiancé(e) to the U.S. if they are only a legal permanent resident;
  2. The K-1 visa is valid for 6 months and for one entry only;
  3. If there is a K-2 visa (children of fiancé(e)) involved, the K-2 visa holder may enter up to a year after the K-1;
  4. K-1 visa holders may be subject to deportation if they do not marry within their 90-day period of authorized admission.

Benefits:

  1. K-1 visa holder may pursue permanent residency and does not have to show nonimmigrant intent;
  2. K-1 visa holder may apply for permission to work by filing a Form I-765;
  3. K-1 visa holder may bring unmarried children under the age of 21 via a K-2 nonimmigrant visa.

K-3 USC SPOUSE

The K-3 United States Citizen Spouse visa enables U.S. citizens to bring their foreign spouse to the United States in order to pursue permanent residency. Unmarried children of the spouse under the age of 21 may apply for K-4 status. Both K-3 and K-4 status allows recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS. 

Requirements:

  1. Applicant must be married to a U.S. citizen;
  2. Applicant must have a pending Form I-130 Petition for Alien Relative, filed by the U.S. citizen spouse on his/her behalf;
  3. Applicant must intend on obtaining permanent residence via spousal relationship.

Limitations:

  1. Period of stay limited to a 2-year period;
  2. Applicant may apply for an extension of status in 2 year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

Benefits:

  1. K-3 visa holders may apply to adjust status to a permanent resident at any time;
  2. K-4 visa holders may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his/her behalf by the U.S. citizen petitioner;
  3. K-3 and K-4 visa holders may study up to secondary school and obtain employment authorization by filing Form I-765 Application for Employment Authorization.

CHECKLIST

In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting. 

  1. Documents demonstrating the development of your relationship, such as personal photos, airline tickets, telephone bills, and letters and emails.
  2. As the petitioner, you must provide a birth certificate or certificate of naturalization or citizenship.