Fiancé Visa K-1: Reunite with Your Loved One in the U.S.
Fiancé Visa Lawyer
How long do fiancé visas take?
One of the most common avenues for immigration to the United States is through sponsorship of 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 granted a K-1 visa. This will give them authorization to enter the United States, and after the couple is married, the Immigrant Spouse may be granted a Green Card and live in the United States as a legal permanent resident.
While the process of applying for a K-1 visa is relatively straightforward, a variety of complications can arise, and couples must ensure that they meet all applicable requirements. At Abogado de Inmigración, 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 inform you of the steps you must take to apply for a visa, get married, receive an Adjustment of Status, and remove the conditions on permanent residence. Complete the form at the bottom of this page to get started with the process, and read on to learn more 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 nonimmigrant visa that allows a person to enter the United States on a temporary basis. However, if the person marries a U.S. citizen spouse within the appropriate time limits, he or she can 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 his or her fiancé(e) must be a U.S. Citizen.
- The parties must be able to legally marry in the United States. Both parties must be old enough to marry under the laws of the specific state where the marriage will take place. If either party had been previously married, that marriage must have legally ended. 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 has been annulled.
- The parties must intend to marry within 90 days of the foreign fiancé(e)'s admission into the United States through the K-1 visa.
- The parties must have had at least one in-person meeting during the two years preceding the filing of their fiancé visa petition. There are certain instances where exceptions to this rule may apply. In general, an exemption from the requirement for an in-person meeting may be available if such a meeting would go against long-standing cultural or social customs in the foreign fiancé's or fiancée's country, or a couple may be granted an exception if traveling to a foreign country to meet their future 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 will have 90 days to do so. Failure to marry within this period will result in the person losing his or her legal immigration status and may be subject to deportation proceedings.
Once a couple is legally married, they can file a petition for adjustment of status, which will allow the Foreign Spouse to receive a Green Card. In these cases, a person’s Green Card will be conditional and will provide them with authorization to live in the United States for two years. After the conditional residency period is over, the Foreign Spouse will need to apply to have the conditions on permanent residency removed. This petition can be filed within 90 days before the conditional Green Card expires. 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 can 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 Immigration Lawyer team can help guide you through each step of the application process, from reviewing your information to submitting applications for your visa and green card. Fill out the form below to get started with the process, or contact us at 866-609-7144 if you have any questions.
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