San Juan Fiancé Visa Attorney
Lawyer Helping U.S. Citizens Apply for Visas for Their Romantic Partners in San Juan, Puerto Rico
With a K-1 visa, commonly known as a fiancé visa, a U.S. citizen can bring a romantic partner that they wish to marry to the United States. Once the fiancé(e) enters the country on a K-1 visa, the couple will have 90 days to get married.
While the K-1 visa provides a pathway to uniting couples who are engaged and making sure they can begin married life together, the application process involves extensive documentation and strict eligibility requirements. Any errors or delays could make the process longer and more difficult, and in some cases, a visa application may be denied. At Immigration Legal Advisors, PLLC, our San Juan K-1 visa lawyer can assist with preparing applications, gathering the required evidence, and resolving any legal concerns. Our goal is to help ensure that couples will have a smooth immigration process.
K-1 Visa Eligibility Requirements
To be eligible for a K-1 visa, the couple must meet specific legal requirements:
- U.S. Citizenship: Only U.S. citizens can petition for a K-1 visa. Lawful permanent residents cannot apply for this visa category.
- Intent to Marry: The couple must demonstrate that they have a genuine intention to marry each other.
- Proof of Relationship: The couple must provide evidence of a bona fide relationship, such as photographs together, correspondence, travel records, and statements from family and friends.
- In-Person Meeting: The petitioner and the fiancé(e) must have had at least one face-to-face meeting during the last two years before they file the visa petition. In rare cases, exceptions may be available based on religious practices or cultural reasons or in cases involving extreme hardship.
- Financial Requirements: The U.S. citizen petitioner must demonstrate that the fiancé(e) will have the necessary financial support. If the petitioner does not earn enough income, they may need a joint sponsor.
The K-1 Visa Process
The steps a couple will need to follow to obtain a K-1 visa include:
1. Filing a petition for a K-1 Visa
The sponsor will file Form I-129F to apply for a fiancé visa. The petition must include supporting documents such as proof of citizenship, evidence of the relationship, proof of in-person meetings, and intent to marry. Immigration officials will review the petition, which can take several months. If additional evidence is required, the sponsor may receive a Request for Evidence (RFE), and they will need to submit any requested documentation.
2. Fiancé(e) Visa Interview
After receiving approval for a visa, the foreign citizen partner must be interviewed by a consular officer at a United States embassy or consulate. They will need to provide all required documents at this time, which may include a valid passport, a birth certificate, police clearance certificates, medical examination results, and evidence of the relationship. The consular officer will ask questions to verify the legitimacy of the relationship. If the officer is satisfied, they will approve the K-1 visa.
3. Entry into the U.S. and Marriage
The foreign fiancé(e) will enter the U.S., and the K-1 visa will allow them to stay in the country temporarily for 90 days. The couple will need to finalize their marriage during this 90-day period. The foreign spouse can then file an application for a Green Card.
Challenges in the K-1 Visa Process
The fiancé visa application process can be complex, and several issues may arise that could delay or jeopardize approval. Some of the most common challenges include:
- Requests for Evidence (RFE): USCIS may request additional documentation if they believe the petition does not provide sufficient proof of a bona fide relationship between a couple who intends to get married. Our lawyer can help respond to RFEs with strong supporting evidence.
- Visa Denials Due to Relationship Concerns: If a consular officer suspects that the foreign fiancé(e) is engaging in marriage fraud and does not intend to have a long-term relationship with the sponsor, the visa may be denied. By consulting with our attorney, a couple can make sure they present a strong case during the application process.
- Income Requirements: If the petitioner does not earn enough income to ensure that their fiancé(e) will have sufficient financial support, our lawyer can explore alternative solutions, such as another person who may be willing to serve as a joint sponsor.
- Delays in Processing: Due to high demand and backlogs, K-1 visa processing times can be unpredictable. Our attorney can track the status of the application and take action if unnecessary delays occur.
Contact Our San Juan, PR K-1 Visa Lawyer
At Immigration Legal Advisors, PLLC, our San Juan immigration attorney can guide couples through the K-1 visa application process, and we can also help apply for a Green Card after the marriage takes place. We will make sure all requirements are met, and we can help address any challenges that may arise. Reach out to us at 571-441-2233 for legal help.