Newport Beach, CA 92660 Tel: 818-744-4955 Fax: 949-326-0075 www.VanRooyLawOffices.com
Oksana A. Van Rooy is an attorney offering skills unique to the legal community. She is fluent in Russian and English; she graduated from law schools in both Russia and the United States; she has experience in multiple areas of law.
Ms. Van Rooy completed internships with the Public Defender’s Office and the Superior Court. Since being licensed to practice law in the State of California in 2005, she also volunteered her professional services to the Harriett Buhai Center for Family Law in Los Angeles.
Oksana Van Rooy practices in the areas of immigration law, estate planning, family law, probate, and business law. Please contact Ms. Van Rooy if you need legal advice in any of her practice areas.
US Immigration K-1 Fiance Visa FAQ
Q: What is a K-1 Visa / Fiancé(e) Visa?
A: It is a nonimmigrant visa for fiancé(e)s of U.S. citizens who are entering the United States for the sole purpose of getting married within 90 days of their admission.
Q: What are the minimum requirements for getting a K-1 visa?
A: The couple would need to establish that (1) the petitioner is a U.S. citizen; (2) they met in person within two years of filing the petition (sometimes, this requirement may be waived); (3) both parties are legally free to marry, (4) a fiancé(e) is admissible or eligible for a waiver, (5) you both have an intent to get married, and (6) the petitioner can meet minimum income requirements for a K-1 visa.
Q: How much time do we have to get married after my fiancé(s) enters the United States?
A: The couple must get married within 90 days after the fiancé(e)’s entry into the U.S.
Q: How long will it take for my fiancé(e) to receive this visa?
A: Obtaining a K-1 visa is a two-step process, which takes somewhere from five months to a year. The first step, approval of the fiancé(e) visa petition, normally takes three to seven months. The second step, issuance of a visa by the U.S. consulate, usually takes two to five months.
Q: Can my children come with me?
A: Unmarried children under the age of 21 are eligible to accompany you on your fiancé(e) visa (as K-2 visa holders). They will be able to apply for green cards after you get married.
Q: Will I automatically get a green card after I get married?
A: No. Just getting married does not, by itself, give you any legal status in the United States. After marriage, you must submit an application for adjustment of status.
Q: What is the process of applying for a K-1 visa?
A: The process of getting fiancée visa consists of several steps:
- U.S. citizen fiancé mails a visa petition to a USCIS regional service center here in the United States.
- After the petition is approved, the fiancée will receive forms to fill out from the National Visa Center.
- After filling out all forms and collecting the documents, fiancée brings everything to an interview at the U.S. consulate.
- The fiancée enters the United States.
Q: How will I know if USCIS received my petition?
A: Within a few weeks after mailing the petition, the petitioner should receive a written acknowledgment that the papers are being processed, together with a receipt for the fees.
Q: What documents the fiancée will have to bring to the U.S. consulate for visa interview?
A: The National Visa Center and /or the U.S. Consulate will send to the fiancée a list of all necessary forms and documents. At a minimum, the fiancée will be asked to bring the following documents:
- A valid passport, good for at least six months
- Original birth certificate
- Two recent photographs
- A police clearance certificate, if available in fiancee’s country
- Results of the medical examination (must be in an unopened envelope)
- Fee receipts
- Additional documents to prove your relationship (mostly, for the time since the petitioner submitted the fiancée visa petition) – such as copies of emails or skype communications, tel. bills showing calls to each other, photos taken on joint vacations, etc.
- Original documents showing that all prior marriages were legally ended.
Q: What medical exams will the fiancé(e) be required to take?
A: Before the visa interview, the fiancé(e) and all accompanying children will have to go through medical examinations. The appointment letter will tell the fiancée where to go and what to do. The exam involves taking a medical history, blood test, chest x-rays, and administering vaccinations.