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What Are the Eligibility Requirements for a K-1 Fiancé Visa?

 Posted on September 26, 2022 in Immigration

florida immigration lawyerU.S. citizens often travel to foreign countries and establish relationships with residents of these countries, although the internet has also allowed many people to meet others and build relationships without leaving their homes. When a couple in a romantic relationship wishes to get married, international borders can seem like a barrier that will prevent them from doing so. However, the immigration laws in the United States provide U.S. citizens with the ability to bring a romantic partner to live with them, get married, and take steps to establish permanent residence.

The K-1 fiancé visa is a United States immigration visa available to the fiancé or fiancée of a U.S. citizen. Couples in these situations who are planning to get married will need to understand the requirements they must meet to receive a K-1 visa, as well as the steps they will need to follow after getting married.

K-1 Visa Eligibility

To receive a K-1 visa, a U.S. citizen and their intended spouse must meet all of the following requirements:

  • The person currently living in the United States must have valid U.S. citizenship.
  • The couple must intend to get married within 90 days after the foreign fiancé or fiancée is admitted to the United States.
  • The couple must be free to get legally married. They must each be the appropriate age that allows for marriage in the state where they will be married, and they must not be currently married to anyone else. If either person was previously married, they will need to provide documentation showing that that marriage had been terminated, which may include divorce papers, records of an annulment, or a death certificate for the person's previous spouse.
  • The couple must have met in person at some point within two years before filing an application for a K-1 visa. However, this requirement may be waived if the U.S. citizen can show that meeting their fiancé or fiancée in person would violate the established social customs of the person's culture or that an in-person meeting would cause the citizen to experience extreme hardship.

The U.S. citizen may apply for a K-1 visa on behalf of their fiancé or fiancée by filing a Petition for Alien Fiancé(e) (Form I-129F). If this petition is approved, the fiancé or fiancée will attend a visa interview at the U.S. consulate or embassy in the country where they are currently living. If the visa is granted, it will usually be valid for up to six months, and the fiancé or fiancée will be able to come to the United States during that period. 

After the fiancé or fiancée enters the U.S., the couple must get married within 90 days. If they fail to do so within this time period, the fiancé or fiancée will be required to leave the United States, and immigration officials may take action to deport them. After getting married, the foreign-born spouse may apply for a Green Card. A conditional Green Card will be issued that will be valid for two years. Before the end of this two-year period, the person must file an application to remove the conditions on their Green Card, which will allow them to live in the United States permanently.

Contact Our Orlando Fiancé Visa Attorneys

If you are in a relationship with someone who lives outside of the United States, and you would like to get married, our Orange County immigration lawyers can help you apply for a K-1 fiancé visa. We can also help you with any other immigration needs you may have, such as applying for a Green Card or citizenship. To learn more about our services, call our office at 407-955-5000 and set up a free consultation.





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