Immigration Law
Fiancé Visa Attorney in Utah
Obtaining correct immigration legal advice in advance of planning a wedding will give you peace of mind.
At Buhler Thomas Law, P.C., our Provo fiancé(e) visa attorney has over 30 years of experience guiding clients through the complex K‑1 fiancé(e) visa process, including the extensive documentation, strict rules, and tight deadlines involved. Entering the United States on the wrong visa—such as a B‑2 visitor visa—with the intent to marry and stay can cause serious immigration problems, so getting accurate legal advice before making wedding or travel plans can help you avoid complications, protect your options, and give you peace of mind.
K‑1 Visa requirements
To qualify for a K‑1 fiancé(e) visa, USCIS and the Department of State require that the U.S. petitioner be a U.S. citizen, that both parties are legally free to marry, that the couple intends to marry within 90 days of entry, and that they have generally met in person within the two years before filing, unless a limited exception applies. The U.S. petitioner must also be prepared to show financial ability to support the fiancé(e), and officers will review whether the relationship is genuine
MARRYING A FOREIGN NATIONAL IN THE UNITED STATES
For those United States citizens who marry foreign nationals residing in the United States, there are various rules and regulations that must be understood and applied prior to filing for adjustment of status. Filing for a family-based green card for their spouse may seem straightforward. There are, however, numerous issues that may make a person unable to obtain a green card such as an illegal entry, an overstay of a visa, a past crime, a medical condition, and past financial support issues. Meeting with our office in advance will allow you to determine any challenges in advance which could prevent you from becoming a permanent resident.
MARRYING A FOREIGN NATIONAL OUTSIDE THE UNITED STATES
For those United States citizens who marry foreign nationals outside the United States, please refer to the page concerning Adjustment of Status and Consular Processing to learn about the process of Consular Processing.
Whatever your situation is, Kim Buhler-Thomas is well equipped to meet with you and determine your specific immigration case needs.
Frequently Asked Questions About K-1 Fiancé Visas in Utah
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How long does it take to bring my fiancé to the United States on a K-1 visa?
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How long does it take to bring my fiancé to the United States on a K-1 visa?
K-1 fiancé visa processing times vary depending on USCIS workloads, the U.S. embassy or consulate handling the application, and whether additional documentation is required. The process includes petition approval, consular processing, and a visa interview, so couples should expect to spend considerable time apart.
If you’re planning a wedding in Provo, Salt Lake City, or elsewhere in Utah, consider waiting until the visa is issued before making nonrefundable arrangements. You can also check current estimates through the USCIS processing times tool.
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How do we prove our relationship is real if we've spent most of it living in different countries?
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How do we prove our relationship is real if we've spent most of it living in different countries?
Long-distance relationships are common in K-1 visa cases. You can provide evidence such as photographs together, travel itineraries, passport stamps, communication records, and documentation showing the time you’ve spent visiting one another.
Immigration officials want to establish that your relationship and intention to marry are genuine. You don’t need to have lived together or spent every holiday together, but your documentation should accurately reflect your relationship. An experienced fiancé visa lawyer can help you identify useful evidence without submitting unnecessary personal information.
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Can my fiancé bring their children to the United States?
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Can my fiancé bring their children to the United States?
Yes, eligible unmarried children under 21 may qualify for K-2 visas. Children must be identified in the original fiancé visa petition, and each qualifying child will need a separate visa application.
Children may be able to travel with their parent or arrive later, subject to specific deadlines and eligibility requirements. If your fiancé has children from a previous relationship, it’s important to discuss their immigration plans early, particularly if custody arrangements, parental consent, or a child’s approaching 21st birthday could complicate the process.
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Can my fiancé work in Utah after arriving on a K-1 visa?
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Can my fiancé work in Utah after arriving on a K-1 visa?
A K-1 visa does not automatically authorize employment. Your fiancé may apply for work authorization after entering the United States, but authorization based solely on K-1 status is limited to the initial 90-day admission period.
After marriage, your spouse can generally request employment authorization as part of the green card application process. Because approval can take time, couples should consider how they’ll manage living expenses during the transition. This is especially important when planning a move, housing, and employment in Utah County.
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Does getting married automatically give my fiancé a green card?
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Does getting married automatically give my fiancé a green card?
No. Marriage is an important step, but your spouse must still apply for lawful permanent residence through adjustment of status. This generally involves filing Form I-485, providing financial and supporting documentation, completing required background checks, and potentially attending an immigration interview.
At Buhler Thomas Law, we help Utah couples understand both stages of the process so they’re prepared for the requirements that follow their wedding.
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What happens if we cannot get married within the required 90 days?
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What happens if we cannot get married within the required 90 days?
K-1 visa status expires after 90 days and cannot be extended. Missing the marriage deadline can create serious immigration complications, even if the delay results from unexpected circumstances.
If you marry the original U.S. citizen petitioner after the deadline, there may still be a path to permanent residence, but additional legal steps may be necessary. If your plans change or your wedding is postponed, speak with an immigration lawyer promptly to determine what options remain available.
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What if our K-1 fiancé visa is denied or immigration officials ask for more evidence?
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What if our K-1 fiancé visa is denied or immigration officials ask for more evidence?
A request for evidence does not necessarily mean your application will be denied. USCIS may need additional documents, clarification about your relationship, or proof that you meet a particular requirement. A consular refusal may involve missing documentation, additional administrative processing, or a finding of ineligibility.
The appropriate response depends on the reason and the agency handling the case. An immigration attorney can review the notice, explain available options, and help determine whether you should submit additional evidence or consider another course of action.
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How much does a K-1 fiancé visa cost?
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How much does a K-1 fiancé visa cost?
The total cost includes several expenses beyond the initial petition. Couples should budget for USCIS filing fees, consular visa fees, required medical examinations, documentation, and potentially travel expenses. After marriage, there are additional costs associated with applying for permanent residence.
Attorney fees depend on the services required and the circumstances of your case. At Buhler Thomas Law, Kim Buhler-Thomas meets with prospective clients to evaluate their immigration needs before discussing legal fees, so you can understand the anticipated work and costs.
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Should we hire a Provo fiancé visa attorney to help with our K-1 application?
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Should we hire a Provo fiancé visa attorney to help with our K-1 application?
You are not legally required to hire an attorney to apply for a K-1 visa. However, mistakes or missing information can lead to delays, and issues involving previous immigration violations, children, financial sponsorship, or prior visa denials may require additional attention.
With more than 30 years of immigration law experience, attorney Kim Buhler-Thomas helps couples in Provo, Orem, Lehi, Salt Lake City, and throughout Utah evaluate their options and prepare their applications. The firm also offers virtual consultations for couples living in different locations.