How to Obtain a K-1 Fiancé Visa in Brampton, ON   

Do you want to bring your fiancé to the United States so that you can continue planning for your wedding and begin your future together? Pilkington Immigration – Brampton provides assistance with applying for and obtaining a fiancé visa in Brampton, ON. Although they still take over a year to process, fiancé visas are a quicker way than the green card process for a fiancé of a U.S. citizen to facilitate their immigration to the U.S. In this process, the fiancé obtains a work permit while living with their spouse and awaiting their green card processing.

Fiancé Visa Requirements

The fiancé visa first requires that the U.S. citizen and their foreign fiancé have the intention to marry, and they must agree to do so within ninety days of the foreign fiancé entering the country on the fiancé visa. There is also a requirement that they have physically met within two years of filing the application, and as with any family sponsorship, it is important to document the genuine and bona fide nature of the relationship through photographs, affidavits from friends and family, and evidence of correspondence.

Once inside the U.S., the fiancé is required to file an adjustment of status application to a green card and initiate the process of becoming a permanent resident within ninety days. Proof of the marriage will be required at that time. Specific fiancé visa requirements include:

The sponsoring partner must be a U.S. citizen

• Both partners must be eligible to marry, and any prior divorce decrees, annulments, or death certificates must be provided to show that any previous marriages have been terminated
• The legitimacy of the relationship must be proven with evidence such as photographs, flight tickets, hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, and letters or emails between the partners
• The couple must be able to prove that they have met in person at least once within the two years prior to filing the visa form with evidence such as flight itineraries, hotel itineraries, and dated photos (except for cases of extreme hardship, or where in-person meetings would violate cultural, religious, or social norms)
• Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fiancé’s arrival in the U.S.; if concrete wedding plans have been made, it’s also a promising idea to submit evidence such as wedding invitations and receipts of deposits on a venue
• The U.S. citizen fiancé must meet certain income requirements, specifically, the adjusted gross income on their most recent tax return must be equal to at least 100% of the Federal Poverty Guidelines; if they are unable to meet this requirement alone, a joint financial sponsor must file a supplemental affidavit of support

K-1 visa availability does include same-sex partners. Our immigration consultants will guide you through all of these requirements and advise you on the proper steps to take to ensure they are met.

Consular Interview

The visa interview takes place at the nearest U.S. embassy or consulate in the sponsored fiancé’s home country, usually about 2-3 months after the embassy’s initial notice to the beneficiary. The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward. If they need additional evidence, they will request that it be submitted directly to the U.S. consulate.

Marriage

Once requirements are met and the K-1 visa is approved, the sponsored fiancé is given a total of six months from the date of approval of the initial form I-129F, Petition for Alien Fiancé, to travel to the U.S. Upon arrival, the couple must get married within 90 days, or the sponsored fiancé will lose their K-1 status. If the couple decides not to get married, the sponsored partner is required to leave the country.

Work Authorization

The fiancé will need to apply for work authorization by filing form I-765, Application for Employment Authorization, before they can work. Like the K-1 visa, this employment authorization is only valid for 90 days, starting from the day they arrived in the U.S. If the fiancé chooses to apply for permanent residency after they arrive and files form I-485, Application to Register Permanent Residence or Adjust Status, they can include form I-765 with their application. This would grant work authorization for one year.

Contact Pilkington Immigration – Brampton for Immigration Assistance

The dedicated consultants at Pilkington Immigration – Brampton can provide you with the assistance you need to immigrate to the U.S. Through U.S. visas including fiancé visas, work visas or other immigration categories. To learn more about obtaining a fiancé visa or to begin the process, call us at (855) 370-5940, or fill out our online contact form to request an appointment.