If the consular officer determines that the relationship is valid, the U.S. Department of State will issue the K-1 visa. Your future spouse then has six months to travel to the U.S. and once your spouse enters the U.S. you have 90 days to get married. Once married, your spouse can apply for lawful permanent resident status also known as getting a “green card.”
If your future spouse has an unmarried child under 21, the child may also be eligible to come to the U.S. The child’s name has to be included on the I-129F. If approved, the child can travel with your future spouse or come to the U.S. later, but cannot come before your future spouse. If your spouse adjusts to lawful permanent resident status, the child will also be able to adjust.
When your future spouse arrives to the U.S., he or she can request a work authorization good for up to 90 days. A second request for work authorization can be submitted with the application to adjust to lawful permanent resident status. The second work authorization is valid for one year but can be renewed.
You generally need to have met your future spouse in person at least once within the two-year period before you petition him or her. The K-1 visa expires after 90 days and cannot be extended.
The filing fee for the K-1 visa is $535. The filing fee to adjust to lawful permanent resident status is usually $1,225 and includes an $85 biometric fee. These are the fees paid to the government. The attorney fees will vary depending on the attorney you use and the facts of your case.
If you have questions about the process for bringing a future spouse to the U.S. using the fiancé visa process, give us a call at (225) 963-9638 to schedule a consultation.