Fiancee Visas K-1

Overview of the K–1 Visa Process

When seeking to legally bring a foreign fiancee or woman to the U.S., one has several options:

1. Non–immigrant visa (visitor, student, or business) — Unfortunately, the overwhelming majority of female visa applicants from countries of the former Soviet Union are denied by the U.S. consulates. When applying for any non–immigrant visa, it is vital for the visa applicant to show that her visit to the U.S. will be temporary, and that she will return to her home country upon the end of her visit. Applicants need to show strong family (leaving a child behind is not enough), social, and employment ties, financial assets, and/or previous travel experience to Western countries, as well as a legitimate, compelling reason for travel. Very few single, female applicants from the former Soviet Union can meet this burden. Those that do obtain such visas often do so under false pretenses, and upon discovery, may be deported and subsequently barred from entering the U.S.
2. Immigrant visa — It is possible to marry your fiancee in her country or a third country. There are pluses and minuses to this approach.

   Advantages: No need to adjust your wife's status after she arrives in the U.S. She arrives as a full–fledged immigrant. To leave the United States, or to work in the United States, she does not need advance permission or authorization from the INS (as is the case for the wife who entered on a fiancee visa and is adjusting her status in the U.S. after the marriage). She obtains U.S. citizenship faster, as the adjustment of status stage is omitted.

   Disadvantages: Entering into marriage entails legal and financial obligations, whereas utilizing a fiancee visa does not require the actual execution of the marriage. The fiancee visa may serve as a "get–to–know–each–other–better" visa (although the intent at the time of filing the application must be to enter into marriage), with 90 days to either enter into marriage or have your fiancee leave the U.S. Processing times for fiancee visas are significantly shorter. Marriage in countries of the former Soviet Union require a waiting period of more than 30 days, with some exceptions. As you will be on the "home turf" of your fiancee, you are subject to the legal and documentation requirements of that country.

3. K–3 visa — This visa is a new creation of U.S. immigration law. It is very similar to the K–1 visa, but it is for those who are already married, or about to get married. A U.S. citizen's spouse may receive a K–3 visa, and her minor (unmarried, under the age of 21) child a K–4 visa. The visa may not be issued while your spouse is in the United States. It was designed to expedite the arrival of the spouse/child, without having to wait for the longer immigrant visa process to run its course. While faster than applying for an immigrant visa, it still requires additional paperwork and another application filing with the INS; usually takes longer than the K–1 visa process; requires adjustment of status in the U.S.; and because it is a new procedure, is subject to delays and uneven processing.

Please visit the K-3 visa page for more information.

Usually, the most suitable visa is the K–1 fiancee visa.

Who can qualify for a K-1 fiancee visa?

An American citizen can file a petition for a foreign fiancee. The couple must be free to marry, and must intend to marry within 90 days of the fiancee's entering the United States. In addition, the couple must have met at least once during the two years prior to filing the application (although this requirement can be waived in unusual circumstances).

What if she has children?

Any minor child (unmarried, under the age of 21) of your fiancee is automatically eligible for a K–2 visa. Because of foreign government requirements, the U.S. government, with some exceptions, does require a consent form from the father of the child. This issue can be quite vexing, and should be considered before the commencement of the process.

What documents are needed?

Statutory documents (e.g., birth certificates, divorce decrees) and biographical information, along with evidence reflecting the legitimacy of your intentions, are needed. After these forms are gathered, the appropriate USCIS forms are completed, and submitted together with the supporting documents to the appropriate USCIS Service Center.

What happens then?

The USCIS Service Center will either approve the petition (usually within 2-6 months) and notify the appropriate U.S. Embassy abroad, or will request additional information. Obviously, such requests are to be avoided as undue time will be lost. Once the Embassy is notified, the fiancee is invited to attend an interview. An additional package of application forms and supporting documentation must be prepared. As the sponsor, you must demonstrate an annual income of approximately $17,000, or sizable assets, and present documentation to this effect (tax return, bank statement, employer letter). Your fiancee must pass a medical exam at an authorized medical clinic; the exam encompasses tests for serious diseases such as AIDS, tuberculosis, cancer, as well as venereal diseases and pregnancy.

What takes place at the interview?

The interview takes place in the immigrant visa section of the U.S. Embassy. Upon entry into the Embassy, your fiancee will present her appointment invitation to the clerk and wait for her name to be called. Upon being called, she will then present her documentation to the clerk. After document intake, your fiancee will wait to be called by the consular officer. This may take up to a couple of hours. The interview itself is usually fast, not more than 5–10 minutes. However, if there are more serious issues — e.g., your fiancee had spent substantial time in the U.S., a former boyfriend or ex–spouse writing a "poison pen" letter to the Embassy — then the interview may last up to an hour. Visas usually are issued within three working days after the interview; once issued, your fiancee may depart for the U.S. at any time within six months.

What else should I know?

The fiancee is admitted to the U.S. as a non–immigrant. The marriage must take place within 90 days of arrival; no extensions are permitted. After the marriage ceremony, a petition is then submitted to the USCIS to adjust her status to that of a conditional permanent resident. Prior to the successful passing of the adjustment of status interview, if your wife wishes to travel outside the United States or work, it will be necessary to obtain permission from the USCIS. After the adjustment petition is filed, it is then necessary to attend an interview at the local USCIS office (processing times vary greatly, but average 6–12 months), at which time the bona fides (co–habitation, joint accounts, joint property, photographs, bills) of the marriage are examined. Upon the successful passing of the interview, your wife becomes a conditional permanent resident (with her green card sent in the mail within a few months). If the marriage is preserved, the condition is removed at the end of two years of attainment of immigration status; if the marriage is terminated before that time, the ex–spouse will then be required to leave the United States (although there are some exceptions). After your marriage, we may assist you with the immigration work necessary to ensure that her legal status is successfully preserved.

Benefits of Working with W&A

White & Associates assists American citizens who seek visas for their foreign national fiancees. The principal of White & Associates, Kenneth White, has been a long–time resident of Russia and has been married to a Russian citizen for ten years, and is thus familiar with not only the legal nuances of successfully obtaining a fiancee and subsequent immigrant visa, but also with the cultural barriers that American–Russian couples encounter. Our goal is to make the process as smooth as possible, both from a legal and personal standpoint. We offer personal consultations to both individuals; prepare and submit the visa documentation; provide logistical and legal support at our office in Moscow; and ensure timely approval of the visa. Some of the tangible benefits of working with W&A:

• 100 % success rate.
• Reasonable prices. Our fees can be staggered or tailored to meet your individual circumstance.
• Offices in New York and Moscow. This enables us to provide full–service for both the INS and Embassy stages of handling your case. Our office in Moscow is located one mile from the U.S. Embassy.
• Fastest processing times. Given our locations, we are in an excellent position to gather the necessary information quickly and accurately, submit the necessary forms and documentation, and ensure timely interview appointment.
• Russian–speaking U.S. attorney and staff/Russian–language forms. For those who have a fiancee from the former Soviet Union, we are able to overcome any language barriers, ensuring that nothing is lost in the translation, particularly important when dealing with critical legal issues. We may send to your fiancee a questionnaire in Russian, which she may complete in Russian. Also, we are able to answer any questions or alleviate any concerns that she may have about the process or her future life in America.
• Logistical Support in Moscow. For fiancees with interviews scheduled at the U.S. Embassy in Moscow, and who need logistical assistance in Moscow, our staff and office facility is at your fiancee's disposal. Such assistance may include scheduling a medical examination, meeting her at the airport, arranging hotel accommodations, reviewing her documents, and providing a "contact point" or "base" for her in Moscow to stay in touch with you via phone, fax, or e–mail.
• Complimentary Mail Service. W&A provides to its clients a complimentary mail service, through which mail can be sent from the United States or to the United States from Russia.
• No Translation Expenses. Lawyers usually contract the translation work to translators in the U.S., who charge $25/30 for a document translation, with surcharges for urgent translations. Translators in the former Soviet Union are often less than competent. We do the translations in–house, ensuring accurate and quick translations, with no fees.
• Due Diligence Package. If you would like to verify the background of your fiancee, or if you have particular questions about her past, we may arrange for the undertaking of such a check for a separate fee.
• Follow–up Legal Support and Advice. Upon entering the marriage, it will be necessary to adjust her status to immigrant status; obtain an Employment Authorization; and apply for permission to leave the U.S. if she will travel during the pendency of her adjustment of status application. We may provide these follow-up legal services to ensure compliance with immigration–related laws and formalities.

K–1 Fiancee Visa Fees

USCIS and Embassy Processing — $2450, to be paid in three parts: $975 upon commencement of legal work, $975 upon USCIS approval, and $500 upon visa issuance.

The fee covers both USCIS and Embassy processing: USCIS and Embassy form preparation and submission, advice and continual updates on status, liaison with USCIS and Embassy, contact with and interview preparation of fiancee in Russian or English, and assistance in obtaining police certificates in countries of former Soviet Union. For fiancees being processed by the U.S. Embassy in Moscow, who reside outside Moscow, we also may provide logistical support in Moscow (meet at airport with driver, reserve hotel room, transport around Moscow and to Embassy, use of our office facilities for sending e–mails or making phone calls).

Translations are included in the price. There is no additional fee for children.

Embassy–Related Assistance Only — Negotiable — $750–$1250

Depending on what kind of assistance you and your fiancee need, we may tailor a package and price. Such assistance may include help in obtaining a police certificate, document translation, form preparation and review, interview preparation, medical appointment scheduling, and logistical support in Moscow (as detailed above).

USCIS Assistance Only — $1250–$1500

Fee covers expeditious USCIS form preparation, legal advice, updates on status, liaison with USCIS, USCIS approval, and Embassy notification.

Translations are included in the price. There is no additional fee for children.

Other Expenses

USCIS K–1 Application Fee is $455

Medical Examination is approximately $100

US Embassy visa issuance and delivery fee is $160