A fiance visa or K1 visa is a visa that will allow your foreign fiance to travel to the United States so that you can get married. Provided that your fiance marries you within 90 days of entering the United States, your fiance would then be able to apply for a green card and permanent resident status through the adjustment of status process.
Depending on your situation, you may also want to consider other immigration options, such as an immigrant visa or adjustment of status. Each option has its advantages and each has different eligibility requirements. You should make sure that you understand how each applies to your situation before you complete any forms or submit anything to the government.
Who qualifies for a fiance visa?
Not everyone will qualify for a fiance visa. Some of the initial requirements that you should consider include:
- Only United States citizens can file a petition for a fiance visa.
- Must demonstrate your relationship to your fiance and your intent to marry each other for the purpose of having a joint life together.
- Must show that you have met at least once in person in the last two years, or you must qualify for an exception to this requirement.
- Foreign fiance must not be “inadmissible” to the United States, or will need to qualify for an immigration waiver. The grounds of inadmissibility are complicated. Your immigration lawyer will review this issue with you to make sure that you don’t run into any unexpected issues with your application.
- You must marry within 90 days of the date your fiance enters the United States.
The above list does not include everything that needs to be considered. One benefit of working with an immigration lawyer on your fiance visa application is that your lawyer will help confirm that you meet all of the requirements before you complete any forms or pay any government filing fees. In some cases, even if you don’t qualify for a fiance visa, your immigration lawyer will be able to help you identify another immigration option that will work for you.
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