FIANCÉ (K-1) VISAS
If you have recently gotten engaged or are planning on proposing in the near future, congratulations! A K-1 visa petition (i.e. fiancé visa petition) allows your fiancé to come to the United States to marry you and apply for lawful permanent residence. To be eligible for fiancé visa, you have to meet the following requirements:
- You and your fiancé must have seen each other at least once in the last 2 years. This requirement may be excused if meeting in person would be contrary to religious/cultural practices or if the U.S. citizen can demonstrate meeting in person would pose a hardship.
- You must intend to marry within 90 days of your fiancé’s arrival in the United States. If your plans change and you decide not to marry, your fiancé must depart the United States on or before the expiration of the 90-day period.
- You and your fiancé must be legally able to marry. For example, if either you or your fiancé were previously married, the prior marriage must be terminated before you can start the fiancé visa petition.
- You must establish you have a genuine relationship with your fiancé.
- You cannot file a fiancé visa petition if you and your financé have already married overseas.
- The fiancé visa process is a great option for same-sex couples where the foreign national is from a country that does not recognize same-sex marriage.
Not sure which option is right for you? Request a confidential consultation today.