Fiance visa in Miami

You are here: Home » Fiance visa in Miami

The fiancé visa in Miami is intended for the foreigner’s husband/wife-to-be. The K-1 nonimmigrant visa allows non-nationals to travel to the U.S. and marry a United States citizen during the first 90 days of their stay. Later on, the alien-citizen will apply to become a permanent resident with the LPR and USCIS. For this process to work, the fiancé (e) must first meet several requirements.

The Role of Immigration Lawyers in the Fiancé Visa Process

Immigration lawyers play an essential role in the fiancé visa process. K1 visas can be denied or delayed when the candidate didn’t process the required documentation accordingly.

To avoid these common mistakes, we suggest you hire an experienced fiancé visa attorney from Gallardo Law Firm. Our firm has several immigration attorneys ready to assist you throughout the whole immigration process and help you bring your spouse-to-be home. We can help you start your new life together.

Applying For a Fiancé Visa in Miami

There are a few steps needed to apply for the fiancé visa in Miami:

  • The first thing is to work on your application for the fiancé visa by filing all the paperwork with the United States Citizenship & Immigration Service.
  • After that, the case is sent to the US embassy where your fiancé resides. Your husband or wife-to-be will also be asked to fill out all the mandatory paperwork and undergo a medical examination.
  • Lastly, the immigrant spouse-to-be will have an interview at the U.S. embassy or consulate. The visa is granted immediately after that.

K1 Visa Requirements

An individual can qualify for a fiancé visa, even when he or she doesn’t seek permanent residency in the U.S. after getting married. Those who decide to live in the USA can apply for a green card and go through the whole submission process. If you know ahead of time, you won’t be residing in the United States for a long time, or permanently, you may want to consider a tourist visa. Nevertheless, you can be denied the green card if that’s the route you decide to go and you can also be accused of misusing the visa.

Fiancé Visa Steps

  • Filing the petition for alien fiancé: This is when the American citizen files the Form I-129F petition at the USCIS on behalf of a relative or fiancé. This visa may not be decided overseas. Once the petition and fiancé visa documents are approved, the fiancé can apply for his or her permission, which is valid for a few months only and needs to be revalidated by a consular officer.
  • After your petition has been approved: After all the required fiancé visa documents have been filed and processed, the USCIS will send them to the State Department where a background check is performed, and then everything is forwarded to the United States embassy. All this process may take about 12 weeks. Then the embassy sends a packet with the detailed information about how to obtain medical examinations and schedule a visa interview.
  • Fiancé visa interview: Your fiancé comes to the interview on the set day and time. Children under 14 years of age are not required to go to the interview. Another form called DS-156 needs to be filled out. Dependent children will each be required a Nonimmigrant Visa Application in duplicate. Only original documents are accepted during the interview. Important originals will be returned to the applicant.

Fiancé Visa Processing Time

The whole process from start to finish generally takes six to twelve months. The application process takes about 4-8 weeks. The waiting time for the interview can take anywhere between two weeks and four months. When there is information missing in your application, or the required documents haven’t been submitted, the processing time may be extended. Hiring an immigration attorney will ensure smoother and faster processing. A fiancé visa lawyer from Gallardo law Firm can help you prepare your application paperwork the right way and speed up the process.

Fiancé Visa Cost

The fiancé, visa application fee, is $240. The medical examination will cost anywhere between $200 and $300, but you may find better deals out there. Unfortunately, many countries don’t have that many certified physicians who can complete the required documentation. You should think about other costs such as travel expenses, and the price for adjustment of status after your 90 days have been achieved. That is if you intend to live permanently in the U.S. The government filing fees to become a Green Card holder will total about $1070.

Relatives of K1 Visa Beneficiaries

Unmarried children under the 21 years of age, even if they are not biological children of the US citizen fiancé, they can accompany the husband or wife-to-be to the United States. They will be granted k-2 visas, not only your biological children but also adopted children and children born out of wedlock, as long as your home country lawfully identifies them as yours. The names of your fiancé’s accompanying minor kids should be registered on the I-129F petition.

Apply For Green Card Once The Fiancé (E) Is In The U.S.

The final stage is to apply for a green card. As soon as you get married, within the 90 days of your admission to the US, you have to ask for an adjustment of status for your spouse to get his or her green card. You are required to fill out several forms to accomplish this such as Form I-485, Form I-864, Form I-765, Form I-131, Form G-325A, and Form I-693.

Miami Fiancé Visa Attorney at Gallardo Law Firm

At Gallardo Law Firm we understand that you want to bring your fiancé (e) home as quickly as possible. We will make sure your spouse-to-be doesn’t feel intimidated or frightened by the whole process. Our immigration lawyers will explain the entire process from start to finish. We are always available if you have any questions or concerns you need to address. An experienced fiancé visa lawyer can help present your situation in the best way possible and work hard to assist you in your needs.

Your children can either accompany you on your first trip or come later on. They come to the United States within the 90 day period of their K-2 visas. You wont need separate applications if your children join you a year after the k-1 visa was issued. However, if they travel more than a year after, they wont qualify for the K-2 visas and therefore separate K-2 visas will be needed.
The I-129F petition will only be valid for four months from the date it was approved. The validity of the petition can be extended by a consular officer as long as it expires before the visa processing has been completed.
Every applicant, regardless of age, must undergo a medical exam performed by an authorized panel doctor. Instructions regarding your medical examination will be provided by the United States Embassy or Consulate. You will have access to a list of panel physicians by country. Vaccinations are not required for K visas but they will be needed for adjustment of status once the applicant wishes to apply for a green card.
Some circumstances such as overstaying a former visa, drug trafficking, and submitting false documents can make the applicant ineligible. A Consular Officer will inform you if there is a waiver and how the waiver process works.
A visa only allows you to travel to the U.S. However, the DHS or Department of Homeland Security and Customs and Border Protection are legally authorized to allow or deny entry into the country. At the port of entry you will show the CBP officer your visa, passport and the enveloped with all the required documents.
You should send a written request to the Embassy if you want to withdraw your petition, which should be notarized. This helps the USCIS recognize that you are personally requesting the petition withdrawal.
The 90 day period cannot be extended. If you decide not to get married for any reason, your fiancé (e) will have to go back to his or her country. Not complying with this is a violation of United States immigration law which may lead to deportation or it may also influence future admission into U.S. immigration matters.
Even when the fiance visa petition is denied you can still appeal, generally within 33 days. The appeal is filed with the specific office making the decision. Hiring an immigration attorney will prove helpful in cases like these. Experienced immigration lawyers at Gallardo Law Firm can help you navigate your case with ease.