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Fiancé / Fiancée VISAS

     A K-1 visa is a nonimmigrant visa issued to the fiancé of a U.S. citizen to enter the United States. The visa requires the fiancé to marry his or her US citizen petitioner within 90 days of entry, or leave the U.S. Once the couple marries, the nonimmigrant can apply to adjust his/her status to permanent resident.

     The process of obtaining a K-1 visa for a fiancé involves several steps. It is important to understand that it can take several months to obtain a K-1 visa. If you are a U.S. citizen interested in obtaining a K-1 visa for a fiancé living abroad it is important to consult an experienced immigration attorney at Brabazon Law Office to discuss the steps involved in obtaining a fiancé visa.

     A U.S. citizen must first file Form I-129F with the United States Citizenship and Immigration Service (USCIS). A successful fiancé petition depends on your ability to prove a valid relationship with your fiancé and plan to marry with 90 days of your fiancé’s arrival in the United States.

Your application should include at a minimum:
• Evidence that the U.S. citizen has physically met his/her fiancé within the past 2 years
• Copies of emails, phone bills, cards, photos, plane tickets and other documentation from visits, showing the couple has a relationship
• A letter from the petitioner and a letter from the fiancé describing their relationship and marriage plans
On January 5, 2006, the President signed the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Pub. L. 109-162, 119 Stat. 2960 (2006) (codified at 8 USC 1375a). Title VIII of VAWA 2005 is entitled, “Protection of Battered and Trafficked Immigrants,” and contains Subtitle D, “International Marriage Broker Regulation” (IMBRA).

Under IMBRA a U.S. citizen is required to submit information to USCIS concerning any criminal convictions for any of the following “specified crimes”:

     • Domestic violence, sexual assault, child abuse and neglect,
          dating violence, elder abuse, and stalking.

     • Homicide, murder, manslaughter, rape, abusive sexual contact, sexual
          exploitation, incest, torture, trafficking, peonage, holding hostage,
          involuntary servitude, slave trade, kidnapping, abduction, unlawful
          criminal restraint, false imprisonment, or an attempt to commit
          any of these crimes.

     • Crimes relating to a controlled substance or alcohol where the petitioner
          has been convicted on at least three occasions and where such crimes
          did not arise from a single act.

     If the I-129F Petition is approved by USCIS it will be forwarded to the U.S. Consulate in the country where your fiancé is residing. The final decision to grant or deny a fiancé visa is within the discretion of the consular officer. The immigration attorneys at Brabazon Law Office are experienced in obtaining fiancé visa from U.S. Consulates around the world and will be able to advise you on the specific preferences and practices of various Consulates.


Brabazon Law Office, LLC P.O. Box 11213 Green Bay, WI 54307-1213 Phone: (920) 494-1106 Fax: (920) 494-0501 E-Mail: brabazonlaw@msn.com

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