Visa and Immigration Lawyers
If you wish to bring your foreign fiancé to the United States to get married, you will need to petition for a K-1 fiancé visa on their behalf. The K-1 fiancé visa allows for a single entry into the U.S., for 90 days, during which the marriage is expected to take place. With a K-1 visa, your fiancé can bring children who are under 21 years old into the U.S. as well. After you are married your fiancé can immediately apply for adjustment of status to a Green Card.
K-1 Fiancé Visa Petition
When you petition for a K-1 visa on behalf of your fiancé, you must prove certain things:
- You are a U.S. citizen
- You are both legally free to marry
- You intend to get married within 90 days of your fiancé’s arrival in the U.S.
- You and your fiancé have met in person within the last two years, with exceptions for extreme hardship and cultural customs
- Your fiancé will not become a public charge in the U.S. because you are financially capable of supporting your fiancé, your fiancé can be self-supporting, or another U.S. citizen signs and affidavit of support
You will need to provide the proper documentation to prove all of the elements above. An experienced visa and immigration attorney can help you determine exactly what you need in your unique case, make sure that all of the necessary forms are filled out properly, and help you successfully petition for you fiancé’s visa in a timely fashion.
After U.S. Citizenship and Immigration Services (USCIS) approves your petition here will be background checks on your fiancé, and the U.S. consulate in your fiancé’s country of residence is notified. Then your fiancé can submit their visa application. A medical exam will be required and your fiancé will be interviewed by a consular officer.
Timing and Limitations
Once the K-1 visa is issued, your fiancé must arrive in the U.S. within six months. Once your fiancé arrives in the U.S. you only have 90 days in which to get married. If that time expires your fiancé will have to leave the country and may not be issued another K-1 visa. There are no extensions for K-1 visas. A K-1 visa holder can only marry the petitioner, not someone else while here on the visa.
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