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Requirements for a Fiancé(e) Visas

Do I Need a K-1 Fiancé Visa?

If you are engaged to be married to someone who is not a United States citizen, you may apply to have them come into the United States on a fiancé(e) visa. You may qualify for a K-1 visa if you are a non-citizen looking to marry a U.S. citizen if you qualify for a visa or green card already.

Am I Eligible for a K-1 Fiancé Visa?

To be eligible for a fiancé visa you do not have to plan on living in the U.S. permanently once married. You can actually apply for a tourist visa instead if you know for a fact that you will not be staying in the U.S.

To be eligible for a K-1 visa, you must:

  • Intend to marry a U.S. citizen
  • Are legally able to marry
  • The ability and willingness to participate in a marriage within the required time period
  • Have met your intended spouse personally within the last two years (this requirement may be waived if you show that this meeting would have caused extreme hardship or violated strict cultural rules)

If a K-1 visa is the right one for you, you must fill out multiple forms.

Once the visa is issued, your fiancé must enter the U.S. within four months. Your marriage must take place within 90 days following the date of your fiancé(e)'s entry. If this does not occur, the visa will expire and your fiancé(e) and their dependents will be subject to deportation.

How Can I Obtain a Fiancé Visa?

Your U.S. citizen fiancé will need to submit a fiancé petition to the U.S. Citizenship and Immigration Services (USCIS) by way of Form I-129F. They also need to prepare several documents which prove their citizenship status and that you both met one another in person within the last two years.

Once the USCIS approves your visa petition, the petitioner and the National Visa Center (NVC) in Virginia will be notified.

The petitioner will then need to see a U.S. consulate-approved doctor to get a medical exam and present all paperwork to a U.S. consulate in their home country. Here, they will be interviewed and can obtain their K-1 visa. If you are granted a visa, after entering the U.S., you will have 90 days to get married and either leave the country or apply for a green card which is an even more involving task.

It should be noted that while you wait for a fiancé visa to be granted, the petitioner cannot enter the U.S. as a tourist because the U.S. will believe your actual intention in using a tourist visa is to be married and then apply for a U.S. green card which can be considered visa fraud. An accusation of visa fraud can make it very difficult to obtain any type of visa or green card.

Retain an Experienced Immigration Attorney in New York City

When your life with your future spouse depends upon the immigration process, it pays to have the help of a Queens immigration attorney from Musa-Obregon Law PC. You can then rest assured that all possible steps will be taken to increase the likelihood of the fiancé(e) visa approval. At Musa-Obregon Law PC, we are dedicated to helping you and your fiancé to be reunited and achieve your immigration goals.

We can assist with the process within the United States as well as advise on steps that will be needed in your fiancé(e)'s home country. Once your fiancé is in the United States, he or she may apply for conditional permanent residency and we can assist with this also. We are able to provide service in Spanish, Portuguese, Polish, Russian, Slovakian, Arabic, Hebrew, French, Tagalog (Filipino), Ukrainian, Czech , Slovenian, Haitian Creole, Swahili, and several Nigerian languages.

If your fiancé is a foreign national and you wish to reside together in the United States, contact a New York City immigration lawyer from our law firm as soon as you can.

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