Wisconsin Immigration Law: How to Apply for a K-1 Visa

Wisconsin Immigration Law: How to Apply for a K-1 Visa

Wisconsin immigration law provides various pathways for foreign nationals seeking to enter the United States. One of these routes is the K-1 visa, also known as the fiancé(e) visa. This visa allows the foreign fiancé(e) of a U.S. citizen to enter the country for the purpose of marriage. If you are considering applying for a K-1 visa in Wisconsin, it is essential to understand the application process and requirements involved.

Understanding the K-1 Visa

The K-1 visa allows a non-U.S. citizen to enter the United States to marry their American partner within 90 days of arrival. After the marriage, the foreign spouse may apply for permanent residency, known as a Green Card. To qualify, the couple must have met in person within the two years preceding the application, and they must also have a bona fide intention to marry.

Eligibility Requirements

To be eligible for a K-1 visa, both the U.S. citizen and the foreign fiancé(e) must meet specific criteria:

  • The U.S. citizen must be a legal resident of Wisconsin and must have the legal capacity to marry.
  • The couple must have met in person at least once within the last two years.
  • The couple must intend to marry within 90 days of the foreign fiancé(e)'s entry into the U.S.

Step-by-Step Application Process

The K-1 visa application process can be broken down into several key steps:

  1. File Form I-129F: The U.S. citizen must begin the process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form requires proof of the relationships, such as photographs, correspondence, and other evidence demonstrating the genuineness of the relationship.
  2. USCIS Approval: Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC), where a visa case number is assigned.
  3. Apply for the K-1 Visa: The foreign fiancé(e) must then apply for the K-1 visa at the U.S. embassy or consulate in their home country. This includes completing Form DS-160, the Online Nonimmigrant Visa Application, and paying the necessary fees.
  4. Attend the Visa Interview: The foreign fiancé(e) will be required to attend an interview at the U.S. embassy or consulate. During the interview, the applicant must provide documentation, including a valid passport, birth certificate, police clearance, and medical examination results.
  5. Receive the Visa: If the visa is approved, the foreign fiancé(e) will receive their K-1 visa, allowing them to travel to the U.S. and marry the U.S. citizen within the required 90-day timeframe.

Post-Marriage Responsibilities

After the wedding, the foreign spouse must apply for adjustment of status to become a lawful permanent resident. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. Both spouses should prepare for an interview where they will need to demonstrate the legitimacy of their marriage.

Conclusion

Navigating the K-1 visa application process in Wisconsin requires careful preparation and an understanding of U.S. immigration laws. By following the outlined steps and ensuring you meet the eligibility requirements, you can successfully bring your fiancé(e) to the United States to start your life together. For personalized guidance, consider consulting with an immigration attorney familiar with Wisconsin immigration law.