Fiancé Visa Lawyer

How Long Do Fiancé Visas Take?

One of the most common avenues for immigration to the United States is through sponsorship by a U.S. citizen. This includes situations where a citizen plans to marry a foreign spouse. In these cases, an immigrant fiancé or fiancée may be able to receive a K-1 visa. This will give them authorization to enter the United States, and after the couple gets married, the immigrant spouse can receive a Green Card and live in the U.S. as a lawful permanent resident.

While the process of applying for a K-1 visa is relatively straightforward, there are a variety of complications that may arise, and couples must make sure they meet all applicable requirements. At Immigrate Lawyer, we can provide invaluable assistance during this process. We will review your information to ensure that you are eligible for this type of visa, and we will advise you on the steps that must be followed as you apply for a visa, get married, receive an adjustment of status, and remove the conditions on permanent residence. Please fill out the form at the bottom of this page to get started with the process, and read on for more information about the eligibility requirements for K-1 visas and the issues that may affect you during the immigration process.

Eligibility for Fiancé Visas

The K-1 visa is technically a non-immigrant visa that allows a person to enter the United States on a temporary basis. However, if the person gets married to a U.S. citizen spouse within the appropriate time limits, they may then apply for a Green Card and live in the United States as a permanent resident.

There are certain requirements that must be met when applying for a K-1 visa, including:

• The person applying for a visa on behalf of their fiancé or fiancée must be a U.S. citizen.
• The parties must be able to be legally married in the United States. Both parties must be old enough to get married according to the laws of the specific state where the marriage will take place. If either party had previously been married, that marriage must have been legally terminated. In these cases, a person may need to provide evidence of the termination of their marriage, including a death certificate for a deceased spouse, a divorce decree, or records showing that the marriage had been annulled.
• The parties must intend to get married within 90 days after the foreign fiancé or fiancée is admitted to the U.S. via the K-1 visa.
• The parties must have had at least one in-person meeting during the two years prior to the submission of their petition for a fiancé visa. There are certain cases where exceptions to this rule may apply. Generally, a waiver of the requirement for an in-person meeting may be available if this type of meeting would go against long-standing cultural or social customs in the country of the foreign fiancé or fiancée, or a couple may receive an exception if traveling to a foreign country to meet their intended spouse would cause extreme hardship for the U.S. citizen.

After applying for a visa, receiving authorization to enter the United States, and being inspected at a port of entry, a person will be required to legally marry the U.S. citizen sponsor, and they will have 90 days to do so. Failure to get married within this window will result in the person losing their legal immigration status, and they may be subject to deportation proceedings.

After a couple is legally married, they may then file a petition for an adjustment of status, which will allow the foreign spouse to receive a Green Card. In these cases, the Green Card a person will be conditional, and it will provide them with authorization to live in the U.S. for two years. Once the period of conditional residence is over, the foreign spouse will need to apply to have the conditions on permanent residence removed. This petition may be filed within 90 days before the expiration of the conditional Green Card. Once the petition is accepted, a permanent Green Card will be issued. After living in the U.S. for a certain number of years and meeting other requirements, the Green Card holder may apply for citizenship.

Get Legal Help From Our Fiancé Visa Application Attorneys

If you are considering applying for a K-1 visa, it is important to understand the eligibility requirements and the process that will be followed. The team at Immigrate Lawyer can help guide you through every step of the application process, from reviewing your information to filing applications for your visa and Green Card. Please fill out the form below to get started with the process, or contact us at 844-464-4727 if you have any questions.