How to Obtain A Fiancé Visa in Toronto, ON

Navigating the complex path to secure a fiancé visa in Toronto, ON, can be a challenging journey, filled with legal intricacies and paperwork. Fortunately, the trusted immigration consultants at Pilkington Immigration stand ready to guide you through this often arduous process. With our wealth of experience and in-depth knowledge of immigration laws and procedures, you can embark on your journey towards reuniting with your loved one with confidence and peace of mind. In this guide, we'll explore the invaluable assistance and guidance that Pilkington Immigration can offer you as you seek to bring your fiance from Edmonton and build a life together in the United States.

Understanding the K-1 Fiancé Visa

A K-1 fiancé visa takes about a year to process; however, it is a much swifter way for a fiancé of a United States citizen to facilitate their immigration to the United States. This visa allows a fiancé to obtain a work permit and live with their spouse in the United States while they await the processing of their green card. Please note that K-1 visas are available to same-sex partners.

The fiancé visa first requires that the United States 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 United States on the fiancé visa. There is also a requirement that they have physically met within two years of applying. As with any family sponsorship, it is essential to document the relationship's genuine and bona fide nature through photographs, affidavits from friends and family, and all evidence of correspondence.

What is the Fiancé Visa Timeline?

Although times vary through United States Citizenship and Immigration Services and the consulates conducting visa interviews, a fiancé visa is generally quicker than applying for a green card through a spouse from abroad.

Once inside the United States, the fiancé must 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

• The sponsoring partner must be a citizen of the United States.
• Both partners must be eligible to marry. Any prior divorce decrees, annulments, or death certificates must be provided to show that any previous marriages have been terminated.
• The relationship's legitimacy must be proved 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 one time within the two years before filing the visa form (except for cases of extreme hardship or where in-person meetings would violate cultural, religious, or social norms). Evidence of such meetings may include flight itineraries, hotel itineraries, and dated photos.
• Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fiancé’s arrival in the United States. If concrete wedding plans have been made, it’s also a good idea to submit evidence such as wedding invitations and receipts of deposits on a venue.
• The US citizen fiancé must meet specific income requirements. Specifically, the adjusted gross income on their most recent tax return must equal at least 100% of the Federal Poverty Guidelines. If they cannot meet this requirement alone, a joint financial sponsor must file a supplemental “affidavit of support.” 

Consular Interview

The visa interview takes place at the nearest US embassy or consulate in the sponsored fiancé’s home country, usually about two to three months after the embassy’s initial notice to the beneficiary. The interviewing officer will typically decide on the case either the same day of the interview or shortly afterward. If they need additional evidence, they will request it be submitted directly to the US 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 I-129F form to travel to the United States. Upon arrival, the couple must marry within 90 days, or the sponsored fiancé will lose K-1 status. If the couple decides not to go through with the marriage, the visa to stay in the USA will no longer apply. The sponsored partner will not be eligible to remain in the United States and must leave the country.

Work Authorization

You will need to apply for work authorization by filing Form I-765 (Application for Employment Authorization) before you can work. Like the K-1 visa, this employment authorization is only valid for 90 days, starting when you arrive in the United States. If you apply for permanent residency after you arrive and file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can include Form I-765 with your application. This would grant you work authorization for one year.

Contact Pilkington Immigration to learn more about the fiancé visa or other US visa processes and requirements.