At Henry & Grogan, our law offices specialize in assisting clients through the intricate process of obtaining a K-1 fiancé(e) visa. This visa allows a foreign fiancé(e) of a United States citizen to enter the U.S., but obtaining the visa can be a complex process.

Fortunately, our experienced K1 visa lawyers in Philadelphia are here to help navigate the hurdles that often come with the petition and visa application process, so that you and your fiancé(e) can begin your life together in the U.S. without unnecessary delays. Reach out to our law office today to schedule a consultation.

Establishing Eligibility for the K-1 Visa

Before filing for a K-1 nonimmigrant visa, it’s essential to confirm that you and your fiancé meet the basic requirements, including:

• One partner is a U.S. citizen (not just a permanent resident).
• You both are legally free to marry (any prior marriages must be legally ended).
• You intend to marry within 90 days of your fiancé’s arrival in the U.S.

In most instances, the parties involved must have also met in person within the past two years. U.S. Citizenship and Immigration Services (USCIS) may waive the requirement to meet in person if the couple can demonstrate that the meeting would violate a K-1 visa beneficiary’s culturally strict custom or if it would cause extreme hardship to a U.S. citizenship petition.

Your K-1 fiancé visa lawyer can review your situation, identify any potential problems, and help you gather documents showing your relationship is genuine.

How to Apply for a K-1 Visa in Philadelphia, PA

The K-1 visa process begins with a U.S. citizen filing an I-129F petition for a fiancé(e) visa with USCIS. This initial step currently takes several months, so it is important to begin working with an experienced immigration lawyer early. 

Once the I-129F petition is approved, the foreign national applicant must complete an interview at the U.S. consulate in his or her country of residence. If the applicant successfully demonstrates eligibility for the K-1 visa, he or she will be allowed to enter the United States and get married.

Once the marriage has occurred, the K-1 visa holder must apply for a spousal visa and adjust his or her status in order to become a lawful permanent resident. The applicant will receive conditional permanent residency and must petition for removal of conditions two years after obtaining conditional permanent residency.

Common Hurdles to Getting a K-1 Fiancé(e) Visa

Obtaining a K-1 fiancé(e) visa involves several steps, each with its potential pitfalls. Here are some common hurdles or mistakes that our fiancé visa attorneys can help you avoid:

• Insufficient Evidence of Relationship: The United States Citizenship and Immigration Services (USCIS) requires convincing evidence that your relationship is genuine. Common mistakes include not providing enough photographs, communication logs, travel records, and other documents that substantiate the relationship.
• Failure to Meet Financial Requirements: The citizen petitioner must demonstrate the ability to financially support the foreign fiancé(e) in the United States. Failure to meet the income requirements or provide adequate financial documentation can result in visa denial.
• Errors in Application Forms: Even small errors on the Form I-129F (Petition for Alien Fiancé(e)) or related paperwork can lead to significant delays or outright denial. Our K1 visa attorneys in Philadelphia ensure that all forms are completed accurately and comprehensively.
• Incomplete or Incorrect Documentation: Submitting incomplete or incorrect documentation can stall the visa process. This includes incomplete information about previous marriages, criminal records, or prior visa violations by either party.
• Misunderstanding the Legal Requirements: Some couples are not fully aware of the legal requirements or misunderstand the process. For example, not realizing that the foreign fiancé(e) and the United States citizen must have met in person within the last two years before filing.
• Delays in Legal Proceedings: Delays can occur if the paperwork is not filed promptly or if the parties are not prepared for the interview process. Preparation with a fiancé visa lawyer can help expedite this process.
• Cultural or Language Barriers: Miscommunication or misunderstandings due to language differences can affect the interview process or the interpretation of documents. Our law offices provide assistance in multiple languages and help clarify these processes for both parties.
• Visa Interview Challenges: The visa interview is a critical step in the process. Being unprepared for the interview or failing to provide consistent and accurate answers can lead to visa denial.

Schedule a Meeting With a Knowledgeable K-1 Visa Lawyer in Philadelphia

Navigating the path to bringing your fiancé(e) to the United States can be challenging, but with the right support, it doesn’t have to be. At Henry & Grogan, our dedicated K1 visa lawyers in Philadelphia are well-versed in the complexities of fiancé visas, immigrant visas, and the adjustment of status process after marriage.

If you are looking to secure a green card for your foreign fiancé(e) and need expert legal guidance, schedule a meeting with us today. Our law offices are committed to providing you with the knowledgeable and effective representation you need to navigate this pivotal journey. Contact us in Philadelphia, PA, and let us help you build a strong foundation for your future together in the United States. We represent clients in Greater Philadelphia and throughout Southeastern Pennsylvania.

Frequently Asked Questions

What is the difference between a marriage visa and a fiancé visa?

Understanding the differences between marriage visas and fiancé visas is important.

A K-1 fiancé visa is for couples who are not yet married and want to get married in the United States. It allows your fiancé(e) to enter the U.S. for 90 days, during which time you must marry. After the wedding, your spouse applies for a green card from within the U.S. (This is the adjustment of status we mentioned earlier).

In contrast, marriage visas (or K-3 spousal visas) are for spouses who are already legally married to a U.S. citizen or lawful permanent resident. In many cases, the foreign spouse waits outside the U.S. while the immigrant visa is processed through a U.S. embassy or consulate, and then enters the U.S. as a permanent resident or with an immigrant visa that leads to a green card.

Can I come to Philadelphia on a fiancé visa and then stay permanently?

Yes, that is the basic idea behind the K-1 visa, but there are important rules:

• You must enter the U.S. using your valid K-1 visa.
• You must marry the U.S. citizen who filed the petition within 90 days of your arrival.
• After you marry, you must file for adjustment of status so you can become a lawful permanent resident (green card holder).

If you fail to marry within 90 days, or if you marry someone other than the original U.S. citizen petitioner, you could lose your status and face serious immigration consequences. That’s why it’s crucial to work with a fiancé visa lawyer from Philadelphia throughout the process.

Do I need a lawyer to apply for a K-1 fiancé visa?

Legally, you are not required to hire an attorney, but many couples find that working with a K-1 visa lawyer makes the process less stressful and helps avoid costly mistakes. An experienced lawyer can:

• Explain eligibility and timing
• Help you gather strong evidence of your relationship
• Prepare and review forms before filing
• Respond to RFEs or other government requests
• Advise you if any complications arise, such as on matters of prior immigration issues or criminal history

Henry & Grogan represents clients across the Philadelphia region and beyond in family-based visa matters, including K-1 fiancé visas, marriage visas, and green card applications.

What kind of evidence should we provide to prove our relationship is genuine?

USCIS and consular officers look for signs of a real, ongoing relationship. Helpful evidence can include:

• Photos of you together over time and in different places
• Travel records, boarding passes, and passport stamps
• Screenshots or printouts of messages, call logs, emails, and social media interactions
• Statements from friends and family who know about your relationship
• Proof of engagement, wedding plans, or shared financial responsibilities

A K1 fiance visa attorney can help you organize this evidence and present it in a clear, persuasive way.

Can a lawful permanent resident (green card holder) file for a K-1 fiancé visa?

No. Only U.S. citizens are eligible to file an I-129F petition for a K-1 fiancé visa. Lawful permanent residents cannot use the K-1 process; instead, they generally pursue immigrant visa options after marriage, such as spousal visas, if they want to bring a fiancé or spouse to the United States.

Can my children come with me to the United States on my K-1 visa?

Yes, unmarried children under 21 may qualify for K-2 visas as derivatives of the K-1 applicant. They are included in the I-129F petition and then apply for their own K-2 visas through the embassy or consulate. After you marry your U.S. citizen fiancé and apply for adjustment of status, your children can apply for green cards as well, following the proper process. If you need more assistance, ask a K-1 visa lawyer in Philadelphia, PA.

Can I work in the United States while I’m on a K-1 visa?

The K-1 visa itself is a temporary, nonimmigrant status that doesn’t automatically grant full work authorization. After entering the U.S., you may apply for employment authorization, but many people choose to wait and file for a work permit along with their green card application after marriage. Once you have a valid employment authorization document (EAD), you can work legally in the United States.