Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. 

Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. 

If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Contact us today to speak with an immigration lawyer about applying for a fiancé(e) visa.

Can the Fiancé Visa be extended?

The fiancé visa is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

Contact us today to speak with an immigration lawyer about applying for a fiancé(e) visa.

Do I or my fiancé have to provide financial information?

Yes. During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that an Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit documentation setting out their financial status to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Note: The financial requirements that USCIS will review for the Fiancé Visa application and the, subsequent, Adjustment for Status application are different.  When adjusting status, the sponsor must demonstrate that they (or the joint sponsor) can meet the equivalent of 125 % of the federal poverty guideline minimum income requirement in the most recent year's tax return. Applicants for a fiancee visa will only need to demonstrate that their U.S. sponsor's income is 100% of the federal poverty guideline.

However, as a fiancé visa is only valid for 90-days upon the entry of the foreign citizen fiancé, in practical terms, if the intention is for the foreign-citizen fiancé to remain in the United States while the spousal visa is pending (by filing an Adjustment of Status application) the U.S. citizen fiancé must still be able achieve the 125% of the federal poverty guidelines. Meeting only the 100% of the federal poverty guideline is, therefore, only useful where the foreign-citizen fiancé will be returning to the home country following the marriage to await processing of the spousal visa abroad.

Contact us today to speak with an immigration lawyer about applying for a fiancé(e) visa.