Atlanta Immigration Attorneys
Fiancé Visa ——-
A fiancé visa is also known as a K-1 visa. If you are a U.S. citizen who wants to bring your foreign fiancé to the United States in order to get married, you will need to file Form I-129F, Petition for Alien Fiancé. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé.
This visa lets your fiancé́ enter the United States for 90 days so that your marriage ceremony can take place in the United States. In order to obtain a K-1 fiancé visa, you and your fiancé must intend to marry each other within 90 days of your fiancé entering the United States as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
Eligibility for Fiancé Visa
You may be eligible to bring your fiancé to the United States on a fiancé visa if you meet the following requirements:
You are a U.S. citizen;
You and your fiancé intend to marry one another within 90 days of your fiancé’s admission to the United States on a K-1 nonimmigrant visa;
You and your fiancé are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
You and your fiancé met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
- Violate strict and long-established customs of your fiancé’s foreign culture or social practice; or
- Result in extreme hardship to you, the U.S. citizen petitioner.
The process for bringing your fiancé to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé. This may include checks in various databases for national security, criminal history, and other information about you and your fiancé. These checks are conducted using fingerprints, names, or other biographic or biometric information.
If your fiancé is admitted as a K-1 nonimmigrant, you and your fiancé have 90 days to marry each other.
Adjustment of Status After you Married your Fiancé
If you marry within 90 days, your fiancé now your spouse may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on in the 90 days before his or her Green Card expires.
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