A fiancé visa, also known as a K-1 visa, allows a U.S. citizen to bring their foreign fiancé to the country. Once here, the couple must marry within 90 days, after which the foreign spouse can apply for a green card. This visa is specifically designed for individuals who are engaged to be married and want to establish their life together in the United States. Read this blog to learn more about these visas, who is eligible, and the process of obtaining one. Here are some of the questions you may have:
Who is Eligible for a Fiancé Visa in the United States?
Eligibility for a fiancé visa requires meeting specific criteria. First, the petitioner must be a U.S. citizen. Additionally, both parties must be legally free to marry, meaning any previous marriages must be legally terminated by divorce, death, or annulment.
The couple must also have met in person at least once within the two years prior to filing the petition, unless meeting in person would result in extreme hardship or violate long-established customs of the beneficiary’s culture. These requirements ensure that the relationship is genuine and that both individuals are serious about their commitment to marry.
How Do I Start the Process of Obtaining a Fiancé Visa?
Initiating the process of obtaining a fiancé visa involves several steps and requires careful attention to detail. The first step is for the U.S. citizen petitioner to file Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services (USCIS).
This form establishes the relationship between the petitioner and the foreign fiancé and includes supporting documents such as photographs, correspondence, and evidence of meeting in person. It’s crucial to provide thorough and accurate information to avoid delays or denials.
Once the USCIS approves the petition, it is forwarded to the National Visa Center (NVC), which assigns a case number and forwards the petition to the U.S. embassy or consulate in the fiancé’s country. The foreign fiancé will then need to complete Form DS-160, Online Nonimmigrant Visa Application, and attend a visa interview.
This interview is a critical part of the process, where the applicant must demonstrate the legitimacy of the relationship and the intention to marry the U.S. citizen petitioner within 90 days of entering the United States.
What Happens After it is Approved?
After the fiancé visa is approved, the foreign fiancé can travel to the United States. Upon arrival, the couple must marry within 90 days. It is essential to adhere to this timeline, as failure to marry within 90 days can result in the foreign fiancé being required to leave the country. Once married, the next step is to apply for adjustment of status to become a lawful permanent resident, commonly known as applying for a green card.
The adjustment of status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form includes biometrics, a medical examination, and an interview. During this interview, USCIS will further evaluate the legitimacy of the marriage. The couple must provide evidence of their life together, such as joint financial accounts, lease agreements, and photographs.
Once approved, the foreign spouse will receive a conditional green card valid for two years. After two years, the couple must file a joint petition to remove the conditions and obtain a permanent green card.
If you have any further questions or wish to speak with a seasoned immigration lawyer about your case, simply contact the Lightman Law Firm today.
