Fiancé(e) Visa Attorney
Sponsor your Fiancé(e) with a K-1 Visa
A fiancé(e) visa (K-1) allows an immigrant fiancé(e) to enter the U.S. for the purpose of marrying their U.S. citizen spouse, and thereafter adjust their status to a permanent resident (Green Card). In theory, the fiancé(e) visa allows a future spouse to come to the U.S. sooner than going through the marriage-based route (visa for those that are already married); however, you should be aware of current processing trends and protocols of the administrative agencies involved (USCIS/NVC/Consulates) as these can change the processing times drastically.
What are the requirements for a fiancé(e) (K-1) visa?
- Petitioner has to be a U.S. Citizen
- Couple MUST have met in-person at least once within the past two years
- *The two exceptions to this rule have VERY high burdens of proof and require either (1) a showing that the foreign fiancé(e) is from a country/culture that has strict customs or practices against the meeting of the fiancé(s) prior to marriage OR (2) the requirement would subject the U.S. citizen to extreme hardship
- Couple MUST intend to marry within 90 days of the entry of the foreign fiancé(e)
- Couple MUST be legally free to marry (all prior marriages have been legally terminated)
Can children of the foreign fiancé(e) come to the U.S.?
- Children can come so long as they are:
- Must be under the age of 21
- Must be unmarried
Is the fiancé(e) visa the best option for me?
We generally recommend a fiancé visa for those individuals who cannot travel to see their spouse in the upcoming months to get married and, thereafter, pursue a marriage-based visa. Generally, a fiancé visa would be appropriate for those individuals who cannot travel due to work, travel restrictions, health reasons, or cannot take sufficient time off to get married in a foreign country where the fiancé(e) resides. To have a better understanding of why a fiancé visa may not be preferable to a marriage-based visa, please see the following article: Fiancé Visa v. Marriage Visa: Which is Better?
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