Video: K-1 Fiance Visa and Marriage Petition- Questions and Answers

On Behalf of | Apr 28, 2022 | Immigration Explained

It’s Valentine’s Day! Many immigrants want to be able to bring their partner here to the United States. Come learn more about how to accomplish this dream!

The K-1 Fiancé Visa

This visa allows a person to enter into the United States legally in order to get married to a U.S. Citizen fiancé.

What do I need to be eligible for a K-1 Fiancé Visa?

Unfortunately, Green Card holders are not eligible. Both parties must be single/legally divorced at the time. The marriage must take place within 90 days of entry. Lastly, you must have seen your partner in person within the last 2 years.

How long does the process take? How long until I can be with my partner?

After you have filed the required paperwork, it may take 6-9 months to be approved. Then, an interview will be scheduled 2-3 months after that. Then you will have to wait 1-2 months after that. All in all, the whole process could take a little over a year.

Can my partner get a Green Card?

Yes! Once the planned marriage has taken place, your partner can apply for their Green Card!

What if I am already married?

If you are already married, you may apply for the I-130 Petition for Alien Relative. We will go into more detail about the I-130 in a later video.

What is the I-130 Interview like? How can I prepare? What kinds of questions do they ask?

The most important thing for the interview is that you and your spouse are relaxed and answer the questions calmly and clearly. Dress well to make a good impression. Be sure that you and your partner agree on all the details of where and when you met and got married. Maybe go out to a nice dinner before the interview to talk about it and reminisce about the first blossom of your love!

Can my partner apply for a Green Card?

Yes! The I-130 is the family-based path for a Green Card. If your application is approved, you will have no trouble getting your Green Card. However, if your spouse came to the United States illegally, you will have to file a waiver before moving forward. We will discuss these waivers in more depth in a later video.

If I am currently engaged, should I do the K-1 or the I-130?

Part of it may be down to personal preference: where would you like to hold the wedding? There is also a trade-off in cost and speed to consider. Generally, the K-1 Visa allows you to be together faster, but is ultimately more expensive in terms of costs and fees. However, both cases will allow your partner to get a Green Card and enjoy a happy ending in the United States.

Can I apply for either of these if my partner and I are a same-sex couple?

Yes! Even if same-sex marriage is not legal in the home country, it is in the United States. There is no difference for applying for same-sex couples for either of these applications.