Fiance Visa Process
As with any visa application, the K-1 Visa process can seem daunting. That’s why we’re here to help! It’s not so bad when you take the mystery out of it and follow the process one step at a time.
In 2014, the US issued 35,925 K-1 Visas for foreign fiancé(e)s of US citizens. Now that same-sex marriage is legal in all 50 US states, the door is open for homosexual citizens to welcome their foreign fiancé(e)s to the United States, as well. The same-sex fiancé(e) visa application process is identical to the process we follow for heterosexual couples. Here’s the breakdown of what you’ll need to do for your fiancé(e) to get a K-1 Visa.
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File the K-1 Visa Petition
You, the US citizen, are your same-sex fiancé(e)’s sponsor. As such, you will need to file the K-1 Visa Petition (Form I-129F) with the United States Citizenship and Immigration Services. USCIS will let you know when they’ve received the application.
Keep in mind that the foreign fiancé(e) must marry his sponsor, to receive a K-1 Visa. Only the citizen fiancé(e) can be the sponsor.
Within a few months, USCIS will let you know whether your petition has been approved or denied. You might also receive notice that you need to supply additional materials for their consideration. We try to avoid this delay in your process by preparing your petition thoroughly the first time with as much high-quality proof of your relationship as possible.
If the petition is denied for a reason you can’t determine (perhaps the USCIS doubts the validity of your relationship), you can appeal the decision, start the K-1 Visa process over again, or, if same-sex marriage is legal in your fiancé(e)’s country, go to that country to marry. Then your fiancé(e) can apply for a CR-1 Visa, the Spousal Visa, in the United States should you want to return to the US to live.
If the petition is approved–congratulations! You will move on to the next step.
Related Articles of Interest: Colombia Visas
Your Fiancé(e) Schedules a Medical Exam and Visa Interview
After your petition is approved, the case will move to the National Visa Center. A background check will be run on your fiancé(e). If it is clear, the case will be sent to the US embassy in your fiancé(e)’s country.
Your fiancé(e) will need to have a medical exam by an approved panel physician to rule out any medical reasons for which the visa could be denied. The exam will include a chest x-ray, a blood test for syphilis, and a basic exam and review of your fiancé(e)’s medical history. Depending on your fiancé(e)’s country, the doctor might send the results directly to the embassy, or they will be given to your fiancé(e) to take to the interview.
Your fiancé(e) will schedule and attend the visa interview with all prepared documents and copies. It’s nothing to worry about if your relationship is a true relationship, but it is still a good idea for your fiancé(e) to feel prepared for this interview and confident about success.
This interview is generally fairly short, and your fiancé(e) will be asked questions to help the officer determine whether or not your relationship is a real relationship. She should be ready to answer questions about you, your family, your place of residence, your relationship, and your wedding or honeymoon plans.
K-1 Visa Approval
If your fiancé(e) is approved for the K-1 Visa, it might be given to him that day, or it will be sent to him shortly. At that point, he will have six months to travel to the US. It’s a good idea to wait to make those travel plans until after the visa is in hand.
Upon your fiancé(e)’s arrival in the United States, you two will have three months to get married. Same-sex marriage is legal in all 50 states, so you will be able to get married and live anywhere you’d like as long as you both meet other state marriage requirements (such as age requirements).
If you do not get married within 90 days, your fiancé(e) will be in violation of immigration laws. She could be deported, and this may affect any future attempts for her to immigrate to the US.
Adjustment of Status
After you are married, your fiancé(e) is your spouse–so the fiancé(e) visa doesn’t work anymore! Your spouse will need to apply for Adjustment of Status to receive a green card and permanent residency in the United States.
Call us today and let us help make the K-1 Visa process for you and your spouse-to-be as simple as possible.
Why Use Our Visa Agency For Getting K1/K3 Visa Fiance?
Since 2005, our visa agency Visas by James has obtained hundreds of visas for foreigners who wish to get married and live in Colombia.
We charge just 300 USD for our very popular marriage legal services package! This includes helping you with the certification of a common law marriage, or a normal civil marriage plus the Colombian marriage visa. We will also substitute the Colombian visa application with the American Tourist or Canadian Tourist visa for Spouses of Citizens of these countries.
This problem can be solved by hiring us before you arrive in Colombia so we take the time necessary to guide you through the document legalization and collection process. We will then be able to verify and review documents as you get them. There is no additional fee for guiding you through the document collection process if you choose our marriage visa package.
Translations, Apostilles & Legalizations:
Our company can help out with translations, apostilles, and legalizations. This services are additional and not included in our legal services. Quotes can be provided for these services as needed. Documents are not accepted without being properly legalized.
What’s included with our visa services:
We prepare your complete immigration package, documents, online application, and finally your cedula application *foreign resident id card. Most foreigners choose common law unless for religious reasons a religious marriage is required.
The common law, or civil union is much faster and normally requires less documentation from overseas. However, if you are already married overseas, then we can assist with the legalization of foreign marriages in Colombia.
Please see these webpages for more information:
Colombian foreign ID card for Colombian visa package: (cedula) will be issued in approx. 2 weeks after your visa is approved and you register your visa with the local immigration authorities. We assist in this process with no additional charge.
Our fees we accept via paypal.com, chase bank, Bancolombia, or in the office in cash. Government fees must be paid in Colombian pesos. To begin the process we require 50% payment for services. The remaining balance must be paid when the visa arrives in your hands. If you are ready to get started we will prepare an official quote and contract for services.
I would like to hear your feedback regarding our services. Please let me know when we can talk. We have USA and Colombian numbers.
Our office ours are from 8:30 am to 6:00 pm Monday to Friday, and 9:00 am to 12:30 pm Saturday. Our main office is located in Medellin, Colombia near Parque Lleras in El Poblado. We have representation in Bogota, Miami, and Fort Lauderdale. Our main office address is Cra 39#5A-95, Oficina 709, Edificio Avangarde. We accept walk in appointments but its always nice if you can let us know ahead of time so we can schedule a time.